39Dissolution by Court

39 Dissolution by Court (1) A partner may apply to the Supreme Court for an order dissolving the partnership in the following cases: (a) when a partner is found to be mentally ill; (b) when a partner, other than the partner suing, becomes in any other way permanently incapable of performing his or her part of the partnership contract; Part 2 Partnerships generally Division 4 Dissolution of partnership Partnership Act 1997 19 (c) when a partner, other than the partner suing, is guilty of conduct that in the opinion of the Court, regard being had to the nature of the business, is calculated to prejudicially affect the carrying on of the business; (d) when a partner, other than the partner suing, wilfully or persistently commits a breach of the partnership agreement or conducts himself or herself in matters relating to the partnership business that it is not reasonably practicable for the other partner or partners to carry on the business in partnership with the partner; (e) when the business of the partnership can only be carried on at a loss; (f) whenever circumstances arise that, in the opinion of the Court, make it just and equitable that the partnership be dissolved. (2) An application for an order under subsection (1)(a) may be made on behalf of the partner by a person having title to intervene as by any other partner.