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PARTNERSHIP ACT 1892 - SECT 10
Liability of firm for wrongs
(1) Subject to subsection (2), where by any wrongful act or omission of any
partner in a firm other than an incorporated limited partnership acting in the
ordinary course of the business of the firm, or with the authority of the
partner's co-partners, loss or injury is caused to any person not being a
partner of the firm, or any penalty is incurred, the firm is liable therefor
to the same extent as the partner so acting or omitting to act.
(2) For the
purposes of subsection (1), a partner in a firm other than an
incorporated limited partnership who commits a wrongful act or omission as a
director of a body corporate, within the meaning of the Corporations Act 2001
of the Commonwealth, is not to be taken to be acting in the ordinary course of
the business of the firm or with the authority of the partner's co-partners
only because of any one or more of the following-- (a) the partner obtained
the agreement or authority of the partner's co-partners, or some of them, to
be appointed or to act as a director of the body corporate,
(b) remuneration
that the partner receives for acting as a director of the body corporate forms
part of the income of the firm,
(c) any co-partner is also a director of that
or any other body corporate.
(3) Subject to subsection (4), where by any
wrongful act or omission of any general partner in an
incorporated limited partnership acting in the ordinary course of the business
of the incorporated limited partnership, or with its authority, loss or injury
is caused to any person not being a partner in the
incorporated limited partnership, or any penalty is incurred, the
incorporated limited partnership is liable in respect of that loss or injury
or penalty to the same extent as the general partner so acting or omitting to
act.
(4) For the purposes of subsection (3), a general partner in an
incorporated limited partnership who commits a wrongful act or omission as a
director of a body corporate, within the meaning of the Corporations Act 2001
of the Commonwealth, is not to be taken to be acting in the ordinary course of
business of the incorporated limited partnership or with its authority only
because of any one or more of the following-- (a) the general partner obtained
the agreement or authority of the incorporated limited partnership to be
appointed or to act as a director of the body corporate,
(b) remuneration
that the general partner receives for acting as a director of the body
corporate forms part of the income of the incorporated limited partnership,
(c) any other general partner in the incorporated limited partnership is also
a director of that or any other body corporate.
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