NG SO KUEN v. NG LUEN FONG AND OTHERS

NG SO KUEN v. NG LUEN FONG AND OTHERS

On the totality of evidence — registration, partnership books signed by all, receipt by plaintiff of interest and profit shares, notices and statements, repayments of capital, and plaintiff’s unrebutted assertions — the court found intention and conduct consistent with a partnership; defendant’s contradictory...

Source-derived case information.

Citation
NG SO KUEN v. NG LUEN FONG AND OTHERS
Parties
Plaintiff: Ng So Kuen; 1st Defendant: Ng Luen Fong alias Ng Luen; 2nd Defendant: Ng Lin Fong; 3rd Defendant: Ng Wai Ling
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 March 1985
Case Number
HCA2537/1984
Procedural Posture
Civil Partnership Dissolution and Accounting / High Court Judgment (extempore)
Outcome
Judgment for Plaintiff; Plaintiff declared to be a partner; counterclaim dismissed.
Legal Topics
Dissolution of Partnership, Appointment of Receiver, Evidence of Partnership, Inspection of Accounts, Registration of Business
Source Language
en
Partnership Law Civil Procedure Equity Commercial Law Dissolution of Partnership Appointment of Receiver Evidence of Partnership Inspection of Accounts +1 more

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Summary, issues, holding and outcome

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Parties

Ng So Kuen

Plaintiff

Ng Luen Fong alias Ng Luen

1st Defendant

Ng Lin Fong

2nd Defendant

Ng Wai Ling

3rd Defendant

Procedural Posture

Civil Partnership Dissolution and Accounting / High Court Judgment (extempore)

Legal Issues

  1. 1 Whether plaintiff was a partner in the restaurant
  2. 2 Whether sharing of profits established a partnership or was payment of a loan
  3. 3 Whether plaintiff was entitled to inspect the firm’s books

Ratio Decidendi

On the totality of evidence — registration, partnership books signed by all, receipt by plaintiff of interest and profit shares, notices and statements, repayments of capital, and plaintiff’s unrebutted assertions — the court found intention and conduct consistent with a partnership; defendant’s contradictory explanations were rejected, therefore plaintiff was a partner and entitled to the remedies sought.

Court Disposition

Judgment for Plaintiff; Plaintiff declared to be a partner; counterclaim dismissed.

Orders

  • Declaration that the partnership (Kong Nam Restaurant) is dissolved since its inception and plaintiff is a partner
  • Appointment of a Receiver to wind up the partnership's affairs (as claimed by plaintiff)