Lambert v Lambert

[2024] NZHC 1358

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CIV-2024-463-000033

[2024] NZHC 1358

UNDER

Partnership Law Act 2019, ss 72 and 73

BETWEEN

ANN MARIE LAMBERT

Applicant

AND

ROBERT ALEXANDER LAMBERT

Respondent

Hearing:	On the papers
Counsel:	M R Grantham for Applicant
Judgment:	29 May 2024

JUDGMENT OF ANDREW J

This judgment was delivered by Justice Andrew on 29 May 2024 at 10.30 am

pursuant to r 11.5 of the High Court Rules 2016 Registrar / Deputy Registrar

Date ………………………………

LAMBERT v LAMBERT [2024] NZHC 1358 [29 May 2024]

Introduction

[1]        This is an application by Mrs Ann Lambert pursuant to ss 72 and 73 of the Partnership Law Act 2019 (the Act) for the dissolution of the Robert Alexander and Ann Marie Lambert partnership (the Partnership). The ground for the application is that Mr Lambert is mentally impaired.

[2]        Mrs Ann and Mr Robert Lambert operate Rainbow Motel in Turangi together through the Partnership that was established on 1 December 2022. Mrs Lambert owns the business property. The two of them are the only partners in the Partnership.

[3]        By certificate dated 14 February 2024, Dr Jane Seely certified Mr Lambert as being mentally incapable.

[4]        Mrs Lambert seeks a dissolution of the Partnership with the assets of the Partnership reverting to her solely in her individual capacity to enable her to continue running the business in her own right. Without the Partnership being dissolved she is unable to manage the business and enter into new arrangements that are integral to the running of the business.

Decision

[5]        I am satisfied that a proper basis has been made out for an order for dissolution under ss 72 and 73 of the Act. An order for dissolution, as explained by Mrs Lambert in her affidavit, is essential in order for her to continue to run the business in her own right.

[6]        It is clear that Mr Lambert is a partner who is mentally impaired and lacks the competence to manage his own affairs.

[7]        I note also that the parties entered into mirror Enduring Powers of Attorney in Relation to Personal Care and Welfare on 15 August 2019. Enduring powers of attorney in relation to property were not set out because of financial limitations. On 15 August 2019, Mr Lambert signed a will appointing his wife as the sole executor

and beneficiary. Those documents show that Mr Lambert intended for his wife, as his immediate next of kin, to be his sole beneficiary.

[8]        I further agree with the submission of Mr Grantham that there is no need to serve this application on any other party.

[9]I accordingly grant the application for dissolution.

Result

[10]      I make an order pursuant to s 72 of the Act dissolving the Robert Alexander and Ann Marie Lambert Partnership (established 1 December 2022).

[11]      I further order that the assets of the Partnership are to be transferred to Mrs Ann Marie Lambert immediately on the dissolution of the Partnership.

[12]There is no issue as to costs.

Andrew J