Belgravia Nominees Pty Ltd v Lowe Pty Ltd
[No 2] [2014] WASC 315
Supreme Court of Western
Australia
Master Sanderson
Pleadings - partnership -
plaintiff and company carried on business in partnership - partnership entered
agreement with first defendant for provision of services to partnership -
partnership dissolved - plaintiffs commenced proceedings against defendants
alleging they were prohibited from receiving certain payments - Registrar
refused plaintiffs leave to join company as a third defendant to proceedings
and refused leave to amend writ of summons - plaintiffs challenged Registrar's
finding that action was not necessary to wind up partnership's affairs and that
therefore partner had no authority to bind firm following
dissolution - s26 Partnership Act 1895
(WA) - held: proceedings did not have to be taken to bring to a conclusion the
affairs of the partnership - plaintiffs could not maintain the action -
Registrar was right to refuse leave - appeal dismissed.
Belgravia Nominees Pty Ltd
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