COUNSEL & SOLICITOR:
Lim Kian Leong (Alvin Oh Seong Yew, Foo Siew Yin and Goh Gin Jhen with him)(Sia Siew Mun & Co) for the respondents.
FEDERAL COURT (PUTRAJAYA)
Partnership
— Assignment of share in partnership — Power of attorney — Partner absolutely
assigned his rights, title and interests in partnership shares to company and
executed power of attorney (‘PA’) in favour of company’s director — Partner
later became bankrupt — Whether absolute nature of assignment allowed assignee
through the PA holder to become partner in bankrupt partner’s place in the
partnership — Whether nothing in the deed of assignment or the PA allowed the
assignee or PA holder to become partner — Whether fact that the other existing
partners were given notice of the assignment and the PA did not mean they had
in any way consented to accept assignee as partner — Whether existing partners
had locus standi to sue assignee for infringing their legal rights and interests.