Gunn Chit Tuan SCJ:

This appeal involves the construction of s. 35(1) of the Partnership Act 1961 (our Act), which is concerned with the dissolution of a partnership by death or bankruptcy and is as follows:

35(1) Subject to any agreement between the partners, every partnership is dissolved as regards all the partners by the death or bankruptcy of any partner.

On 1 October 1988, Lee Choo Yam Holdings Sdn. Bhd., Hew Hee @ Hew Tin Hee and Cheh Yah Chok (the respondents) filed an originating summons for an order for a declaration that the partnership and business of Tai Kwong Goldsmiths & Jewellers stand dissolved under s. 35(1) of the Partnership Act 1961, and that a receiver be appointed for the purposes of a dissolution of the said business. The originating summons was served on Khoo Yoke Wah, Lee Kim Seng, Lee Choo Keong, Lee Choo Leong, Lee Wah Hoong, Lee Bon Chai @ Lee Kim Hooi (the appellants) and on one Eng Chek Song @ Eng Hup Choon who did not oppose it.

The relevant facts found by Annuar J in the High Court were that the appellants, the respondents and the said Eng Chek Song as partners of Tai Kwong Goldsmiths & Jewellers were carrying on the business of goldsmiths