Carabine v Carabine [1949] ScotCS CSIH_5 (12 July 1949)

Carabine v Carabine [1949] ScotCS CSIH_5 (12 July 1949)

Given the prolonged deadlock, lack of cooperation, and risk to partnership assets (including arrears to the building society), the appointment of a judicial factor is necessary and expedient to ensure proper winding up of the partnership and protection of both parties' interests under section 39 of the Partnership Act 1890.

Citation
[1949] ScotCS CSIH_5
Parties
Petitioner: Mrs Carabine; Respondent: Mr Carabine
Jurisdiction
Scotland
Judgment Date
12 July 1949
Procedural Posture
Petition Under Partnership Act Section 39 / Appeal (reclaiming Motion) Before Second Division
Outcome
Lord Ordinary's interlocutor recalled; petition granted; judicial factor appointed to wind up partnership affairs.
Legal Topics
Dissolution of Partnership, Judicial Factor Appointment, Winding Up Partnership Assets, Spousal Business Disputes
Partnership Law Family Law Dissolution of Partnership Judicial Factor Appointment Winding Up Partnership Assets Spousal Business Disputes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mrs Carabine

Petitioner

Mr Carabine

Respondent

Procedural Posture

Petition Under Partnership Act Section 39 / Appeal (reclaiming Motion) Before Second Division

Legal Issues

  1. 1 Whether a judicial factor should be appointed to wind up the affairs of a dissolved partnership between spouses
  2. 2 Whether alternative remedies (ordinary action, division and sale, count reckoning and payment) are appropriate in the circumstances

Ratio Decidendi

Given the prolonged deadlock, lack of cooperation, and risk to partnership assets (including arrears to the building society), the appointment of a judicial factor is necessary and expedient to ensure proper winding up of the partnership and protection of both parties' interests under section 39 of the Partnership Act 1890.

Court Disposition

Lord Ordinary's interlocutor recalled; petition granted; judicial factor appointed to wind up partnership affairs.

Orders

  • Appointment of a judicial factor to wind up the partnership business and assets.