High Court Wellington
29 May 4 October; 23 December 1935
Smith J
29 May 4 October; 23 December 1935
Smith J
Company Law — Partnership formed in 1906 of Twelve Persons for acquisition of Gain — Prohibited by s 5 of the Companies Act, 1903 and 1908 — Effect of s 372 of the Companies Act, 1933, substituting Twenty instead of Ten as Limit for unregistered Partnership — Whether Partnership could be wound up under Part XI of the Act of 1933 — Whether in winding-up Court would take Cognizance of Internal Arrangements of Partnership — Which Law should be applied as to Validity of Acts done and enforcement of Rights accrued prior to operation of Act of 1933 — Companies Acts, 1903 and 1908, s 5 — Companies Act, 1933, s 372, Part XI — Acts Interpretation Act, 1924, s 20 (e) (i) (iii).
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