MALCOLM WALTER ATWELL and IAN GEORGE ATWELL as trustees of the Estate of WALTER CHARLES ATWELL on behalf of all other partners in the Atwell Family Agency other than the first defendants v ROBERTS [No 3] [2009] WASC 96 — Dissolution & Rescission — Barrister AI
MALCOLM WALTER ATWELL and IAN GEORGE ATWELL as trustees of the Estate of WALTER CHARLES ATWELL on behalf of all other partners in the Atwell Family Agency other than the first defendants v ROBERTS [No 3]
Partnership - Dissolution - Rights of pre-emption - Negative covenants - Successive partnerships - Alleged breach of pre-emption rights - Admission of subsequent partners - Approval of accounts and distribution of profits - Effect of formation and succession of new partnerships
Equitable relief - Rescission - Specific performance - Injunctions, inquiries or accounts
Deeds - Imperfect execution of partnership deed - Benefits taken under deed
Limitation periods - Whether a specialty or a contract not under seal - Limitation Act 1938 (WA) s 38 - Action on a specialty for debt or covenant
Case Details
Citation[2009] WASC 96
CourtWASC
JurisdictionWestern Australia
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