Partnership
3 cases · August 2018 to May 2026
Case Volume by Year
1 18
2 26
2018–2026
Key Issues & Sub-Topics
Partner’s drawings — Unauthorised withdrawal — Cash cheques — Whether prior consent required — Course of dealing — Implied authority — Limits of implied consent — Substantial withdrawals without disclosure 1 Duty to account — Section 30 Partnership Act 1961 — Strict statutory duty — Failure to render true accounts — Whether breach automatically entitles restitution 1 Books and records — Right of access — Section 24(9) Partnership Act 1961 — Control of financial documents by one partner — Non-disclosure 1 Equal shareholding — 50:50 partnership — Disparity in drawings — Whether relevant in claim for recovery of specific sum — Distinction between account and restitution 1 Partnership property — Land — Whether disputed lands are partnership assets — Whether further affidavit resolves or materially affects issue — Triable issues remaining. 1 Partnership Law — Winding up petition — Set aside winding up petition -Unregistered Company — Unregistered company — Whether winding up petition can be made by a partnership under Part X of the Companies Act 1965 by virtue of the definition of “unregistered company” under s 314(1) of the Companies Act 1965 — Whether winding up petition can be made if the partners was not comprised of more than five partners Partnership — Partnership Law — Company Law — Execution by a partner of an absolute assignment — s4 (3) of Civil Law Act 1956 — Power of attorney — Irrevocable power of attorney for valuable consideration pursuant to s6(1) of the Power Attorney Act 1949 — Partner assigned his right and his interest in partnership -Whether a partner who entered a partnership pursuant to assignment can be deemed a partner — s33 Partnership Act 1961 — ss314(2) Companies Act 1965 — Right of assignee — Could an assignee be deemed a partner for the purpose of ascertaining the number of partners — Whether an assignment conferred on the assignee legal status as a partner in a partnership — Consent of the other partner to admit the assignee as a partner - 1
Duty to account — Section 30 Partnership Act 1961 — Strict statutory duty — Failure to render true accounts — Whether breach automatically entitles restitution 1 case
Books and records — Right of access — Section 24(9) Partnership Act 1961 — Control of financial documents by one partner — Non-disclosure 1 case
Partnership property — Land — Whether disputed lands are partnership assets — Whether further affidavit resolves or materially affects issue — Triable issues remaining. 1 case
Partnership Law — Winding up petition — Set aside winding up petition -Unregistered Company — Unregistered company — Whether winding up petition can be made by a partnership under Part X of the Companies Act 1965 by virtue of the definition of “unregistered company” under s 314(1) of the Companies Act 1965 — Whether winding up petition can be made if the partners was not comprised of more than five partners Partnership — Partnership Law — Company Law — Execution by a partner of an absolute assignment — s4 (3) of Civil Law Act 1956 — Power of attorney — Irrevocable power of attorney for valuable consideration pursuant to s6(1) of the Power Attorney Act 1949 — Partner assigned his right and his interest in partnership -Whether a partner who entered a partnership pursuant to assignment can be deemed a partner — s33 Partnership Act 1961 — ss314(2) Companies Act 1965 — Right of assignee — Could an assignee be deemed a partner for the purpose of ascertaining the number of partners — Whether an assignment conferred on the assignee legal status as a partner in a partnership — Consent of the other partner to admit the assignee as a partner - 1 case
Court Distribution
Key People & Firms
Cases
ma-11b-13-10-2025
NG KIAN TEK v NG HUI JOO
4 May 2026
MYHC
ma-22ncvc-43-10-2022
Ee Chong Pang v 1. ) Ee Joo Guat 2. ) Southern Sierra Sdn Bhd 3. ) Pendaftar Hakmilik Tanah Negeri Melaka 4. ) Pentadbir Tanah Daerah Alor Gajah
15 April 2026
MYHC
rayuan-sivil-no-w-02i-49-07-2015w
TRA MINING (MALAYSIA) SDN BHD DIDENGAR BERSAMA MOHD AFRIZAN BIN HUSAIN v THEIN HOCK TECK & 4 LAGI DIDENGAR BERSAMA THEIN HOCK TECK & 4 LAGI
7 August 2018
MYFC