Court of Appeal Civil Appeal No. T-04(NCVC)(W)-43-02/2024 – Appeal Allowed

We wish to proudly announce that our Firm had succeeded in Court of Appeal Putrajaya in the appeal against the Decision of the High Court in relation to the debts out of partnership. Our lawyers Ko Jie Yang and Chang Lai Ling attended the Hearing.

In gist, Section 11 of the Partnership Act 1961 states that all Partners to a partnership are liable for the debts out of the Partnership. And Section 19 of the Partnership Act 1961 states that an outgoing or retiring partner shall not be absolved from the liabilities of the partnership when he/she was a partner unless there is an agreement between the existing Partners, new Partners and the creditors.

This is despite that the Respondents had obtained a separate High Court Order containing a declaration that the Respondents (in our case) do not need to pay for it. To add, the separate High Court Order did not name our Client/Appellant as a party in that separate High Court suit, therefore our Client/Appellant is also not bound by that separate High Court Order.

Therefore our appeal / claim based on goods sold and delivered are allowed.

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