30 Aug 2012
KAIWARUA-EALING LTD v PULLINGTON INVESTMENTS PTY LTD HC CHCH CIV 2012-409-40
- Citation
- openlaw-9f19ece2_215d_4824_80a7_19296789b0ef.pdf
- Court
- High Court
The court held that the parties had not agreed to clause 6 of the draft partnership agreement and had not adopted the unsigned deed; the partners therefore had no enforceable pre-emptive rights under that clause, and termination is governed by the Partnership Act 1908; accordingly the Ealing Land Partnership and Ealing Pastures Partnership are terminable and the plaintiffs are not required to sell their interests; Pullington's counterclaim and third party claim dismissed.