Section 49 of the Partnership Act 1895 (WA) is not the exclusive source of a partner's right to bring proceedings to recover partnership property after dissolution. A partner who is jointly entitled to relief with another partner may sue in its own name under O 18 r 4(2) of the Rules of the Supreme Court 1971 (WA), joining the non-consenting co-partner as a defendant. The partner's entitlement to bring proceedings derives from its status as a joint holder of partnership property (choses in action), not from the agency authority continued by s 49. The court left open the final construction of s 49(1) but indicated that 'necessary' should be understood as 'reasonably required' rather than importing the 'strictest kind of necessity'.
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