8 Sept 2006
HENRY V BROOKFIELDS HC AK CIV 2005-404-3351
- Citation
- openlaw-552ab217_860c_47d0_ae82_4628f7e47ba1.pdf
- Court
- High Court
The High Court held the contractual cause of action was discharged by the settlement with the former partner because, under s12 Partnership Act and established authority, release of one partner from a joint contractual obligation releases all partners absent reservation; however, the finding of abuse of process was overturned on review because the plaintiff adduced evidence showing he did not intend to abandon claims and justice required allowing the negligence and fiduciary claims to proceed to trial.