40Dissolution by Supreme Court

40 Dissolution by Supreme Court (1) Subject to this section, when— (a) a partner in a firm— (i) has been declared in accordance with law to be a person with a mental disability; or (ii) is shown, to the satisfaction of the Supreme Court, to be a person with a mental disability; or (b) a partner in a firm becomes in any other way permanently incapable of performing the person’s part of the partnership agreement; or (c) a partner in a firm has been guilty of such conduct as, in the opinion of the court, regard being had to the nature of the business of the firm, is calculated to affect prejudicially the carrying on of that business; or

(d) a partner in a firm— (i) wilfully or persistently commits a breach of the partnership agreement; or (ii) otherwise so conducts themself in matters relating to the business of the firm that is not reasonably practicable for the other partners to carry on the business in partnership with the partner; or (e) the business of a firm can only be carried on at a loss; or (f) circumstances have arisen which, in the opinion of the court, render it just and equitable that a partnership be dissolved; the court, may, on the application of a partner in the firm, order that the partnership be dissolved. (2) An application under subsection (1) (a) may be made, on behalf of the partner concerned, by the partner’s committee or next friend or person having title to intervene instead of by the partner personally. (3) An application under subsection (1) (b), (c) or (d) shall not be made by the partner concerned. (4) In this section: person with a mental disability, in relation to a partnership agreement, means a person who is not legally competent to be a party to the partnership agreement, and includes such a person even if a guardian or manager has not been appointed for the person under the Guardianship and Management of Property Act 1991.