JUDGMENTBY: SURIYADI J

: The originating motion which is marked encl 2, in a gist, is an application by the plaintiffs for an injunction whereby the defendant is to cease carrying on business in the style of TC Chong & Co from the date of the courts order, other than to assist in its final winding up. TC Chong & Co began as a sole proprietorship with Chong Tzu Chieh (the deceased) as the sole owner. For a short stint, Lim Pey Lin worked with the deceased as his assistant. On 1 January 1993 vide a partnership agreement, the defendant was brought in as a business partner thus converting the firm into a partnership. On 2 March 1995, the partnership ceased as the deceased passed away leaving the defendant as the surviving partner.

Pursuant to s 35 of the Partnership Act 1961 (the Act), subject to any agreement between the partners every partnership is dissolved upon the death of any partner. In Khoo Yoke Wah & Ors v Lee Choo Yam Holdings Sdn Bhd & Ors [1991] 1 MLJ 414, Gunn Chit Tuan SCJ qualified this provision by considering the agreement before he construed the partnership as having been dissolved. His Lordship approved the finding of the High Court judge that there was no evid