Dunlop, Re Application For Dissolution Of Partnership [2000] ScotCS 265 (25 October 2000)

Dunlop, Re Application For Dissolution Of Partnership [2000] ScotCS 265 (25 October 2000)

The court refused to grant the special powers sought by the judicial factor, holding that the disposal of property not part of the factory estate and the offsetting of proceeds against the respondent's share require either agreement or an appropriate decree, and cannot be determined by special directions; the judicial factor must account for the property separately and act upon reasonable notice in absence of instructions.

Citation
[2000] ScotCS 265
Parties
Petitioner: Michael Cameron Dunlop; Respondent: Mary Armstrong
Jurisdiction
Scotland
Judgment Date
25 October 2000
Procedural Posture
Application for Dissolution of Partnership and Judicial Factor Directions / Final Determination of Special Powers Sought by Judicial Factor
Outcome
prayer of the Note refused
Legal Topics
Dissolution of Partnership, Judicial Factor's Powers, Property Disposal, Set Off of Debts
Partnership Law Judicial Factors Civil Procedure Dissolution of Partnership Judicial Factor's Powers Property Disposal Set Off of Debts

Case Brief

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Parties

Michael Cameron Dunlop

Petitioner

Mary Armstrong

Respondent

Procedural Posture

Application for Dissolution of Partnership and Judicial Factor Directions / Final Determination of Special Powers Sought by Judicial Factor

Legal Issues

  1. 1 Whether the judicial factor should be granted special powers to sell and dispose of property not part of the factory estate
  2. 2 Whether the judicial factor can offset proceeds against respondent's share without further enquiry
  3. 3 Whether the judicial factor can recover storage and care charges from respondent's share

Ratio Decidendi

The court refused to grant the special powers sought by the judicial factor, holding that the disposal of property not part of the factory estate and the offsetting of proceeds against the respondent's share require either agreement or an appropriate decree, and cannot be determined by special directions; the judicial factor must account for the property separately and act upon reasonable notice in absence of instructions.

Court Disposition

prayer of the Note refused

Orders

  • No special powers granted to judicial factor
  • Judicial factor to inform respondent of property held and its whereabouts