25 Jul 2023
MOSES v STARK [2023] NZHC 1955
- Citation
- [2023] NZHC 1955
- Court
- High Court
The partnership was dissolved by operation of law on the death of Mr George Stark on 13 July 2020 (s69(1)); because the partners or their legal representatives are incapable of winding up the partnership due to deadlock, conflict of interest, alleged mismanagement, neglected farm maintenance, tax noncompliance and refusal to cooperate, the Court must exercise its equitable jurisdiction to appoint permanent receivers as a matter of course to wind up the partnership and protect the estate; costs awarded against the uncooperative second defendant for causing and exacerbating proceedings.