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Partnership – Partnership property. A dispute had arisen as to whether a partnership agreement had been terminated and whether the first defendant partner had been entitled to sell the lease and business. The court ordered that the first claimant partner be allowed to re-enter the premises and run the business by himself pending resolution of the dispute. The Chancery Division dismissed the first defendant's application to set aside or vary that order. It was not clear that the lease was not partnership property, as alleged by the first defendant. The judge had been correct to find that the balance of convenience lay in favour of the claimant running the business by himself. Finally, the allegation that the claimant was in breach of the partnership agreement would have to be determined in due course and the contention that the terms of the order had been breached was more appropriately dealt with as a matter of enforcement rather than variation.
Partnership – Partnership property. A dispute had arisen as to whether a partnership agreement had been terminated and whether the first defendant partner had been entitled to sell the lease and business. The court ordered that the first claimant partner be allowed to re-enter the premises and run the business by himself pending resolution of the dispute. The Chancery Division dismissed the first defendant's application to set aside or vary that order. It was not clear that the lease was not partnership property, as alleged by the first defendant. The judge had been correct to find that the balance of convenience lay in favour of the claimant running the business by himself. Finally, the allegation that the claimant was in breach of the partnership agreement would have to be determined in due course and the contention that the terms of the order had been breached was more appropriately dealt with as a matter of enforcement rather than variation.
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