TRA MINING (MALAYSIA) SDN BHD DIDENGAR BERSAMA MOHD AFRIZAN BIN HUSAIN v THEIN HOCK TECK & 4 LAGI DIDENGAR BERSAMA THEIN HOCK TECK & 4 LAGI

rayuan-sivil-no-w-02i-49-07-2015w Federal Court (Mahkamah Persekutuan) 7 August 2018 • RAYUAN SIVIL NO. W-02(i)-49-07/2015(W)

Catchwords

Partnership - 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 -

Practice Areas

Partnership Company Law

Judges (5)

Ahmad bin Haji Maarop Delivered Azahar bin Mohamed Coram Balia Yusof bin Haji Wahi Coram Ramly bin Haji Ali Coram Wira Aziah binti Ali Coram

Parties (2)

TRA MINING Sdn Bhd DIDENGAR BERSAMA MOHD AFRIZAN BIN HUSAIN Appellant Thein Hock Teckdidengar Bersama Thein Hock Teck Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (rayuan-sivil-no-w-02i-49-07-2015w)