000 01796cam a2200277 4500
001 ABS64828
008 011126n2001 000 0 eng u
035 _a(Sirsi) u115730
245 _aRodway v Landy
260 _c2001
490 _aEstates Gazette Law Reports
_v 44 EG 151-157(7)
520 _aCA 4 April 2001. In 1994 the claimant (R) and defendant (L) were medical practitioners who acquired a property for use as a surgery in which they set up a medical practice as partners. The partnership was terminated in 1998. R commenced proceedings claiming that the property was a partnership asset and seeking its sale. L denied the property was jointly owned and counterclaimed seeking an order pursuant to the Trusts of Land and Appointment of Trustees Act 1996 s14 for the partitioning of the property. At an earlier hearing it was held that the property was partnership property. Both R and L agreed that they held the property as beneficial tenants in common and equal shares. R appealed the decision of a trial judge that the occupation of the property should be divided between both parties. R argued that s13 of the 1996 Act meant one co-owner could not be excluded from a part of trust property. L cross-appealed in relation to the award of reduced costs made to him. "Held", the appeal and cross-appeal were dismissed.
590 _aABS
650 _aTRUST
650 _aMEDICAL PRACTITIONERS
650 _aREAL PROPERTY
650 _aOCCUPATION RIGHTS
650 _aEXCLUSION
650 _aCOSTS ORDERS
650 _aTRUSTS OF LAND AND APPOINTMENT OF TRUSTEES ACT 1996 S14
650 _aNATIONAL HEALTH SERVICE ACT 1977
650 _aTERMINATION OF PARTNERSHIP
650 _aBENEFICIAL TENANTS IN COMMON
690 _aPROPERTY AND LAND LAW-CASE LAW
942 _n0
999 _c68933
_d68933