TRA Mining (M) Sdn Bhd v Thien Hong Teck & Ors and another appeal [2019] 1 MLJ 212


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.