17 Jun 2021
KIDD v VAN HEEREN [2021] NZHC 1414
- Citation
- [2021] NZHC 1414
- Court
- High Court
The court held the proper law of the partnership is South African law; the partnership was dissolved by implication from cessation of joint business on or about 18 January 1991 but, under South African law, former partners remained co‑owners of partnership assets pending realisation and distribution and therefore plaintiff retained a proprietary/co‑ownership claim (not merely a pre‑existing debt) enforceable by mutual accounting; the Genan share sale did not operate to transfer partnership assets to van Heeren; residential family homes were not partnership assets; given incomplete records the…