Li Taz Chiu And Others v Ngo Chuk Kom And Others

Judgment

Cited in

Precedent Map

Judgment Date	15 February 1947
Year	1947
Judgement Number	CACV1/1946
Court	Court of Appeal (Hong Kong)

CACV000001/1946 LI TAZ CHIU AND OTHERS v. NGO CHUK KOM AND OTHERS

APPELLATE JURISDICTION

APPEAL No. 1 of 1946

(O.J. Action No.6/46)

BETWEEN
Li Taz Chiu alias Wing Ip Tong alias Fook Hing Tong, Li Kui Po alias King Sau Tong alias Cham Chak Tong, Ho Chup Suen, Wong Chan Shi and Tong King Kong	Appellants (plaintiffs)
AND
Ngo Chuk Kom alias Pang Yee Tack, Kam Chi Ting alias See Chak Tong alias Cham Tung Tong.	Respondents (defendants)

Coram: H.W.B. Blackall, CJ and T.J. Gould J.

Date of Judgment: 15 February 1947

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JUDGMENT

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1. This is an appeal against the decision of Williams J., refusing an application for the appointment of a receiver pending the hearing of the appellant's claim for dissolution of partnership. At the first hearing of the appeal, the appellant for leave to produce additional evidence, which was granted, so this Court has had the advantage of a more comprehensive surrey of the position than the Learned Judge.

2. The principle upon which a Court acts with regard to the appointment of a receiver in these cases is this: if the Court can presently see that a dissolution must inevitably be decreed on the hearing of the action, it follows very much of course that a receiver will be appointed, but if the case stands in such a state that the Court cannot see whether it will be dissolved or not, it will not take into its own hands the conduct of a partnership which may or may not be dissolved (Goodman v. Whitecomb 1 J & E 589). Into which category then does the present case fall?

3. As to this, any member of a partnership, the duration of which is undefined, has a right, subject to any agreement between the parties, to dissolve it at any moment he pleases, and the issue of the writ in O.J. 6 of 1946 plainly indicates a desire. on...

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