A client of RKKW, one of three partners of a general partnership in the construction industry, was sued to be expelled from the partnership by the other two partners. Thanks to the RKKW’s actions, the claim was dismissed.
RKKW took over the case at a late stage as the wide-ranging dispute was severe. Freezing order had already been issued, suspending our client from executing his rights to manage and represent the company. Nevertheless, in this multi-faceted and complex factual situation, the RKKW team prepared an effective litigation strategy, eventually convincing the judge to its reasoning. The allegations against the client were dismissed.
In the course of the trial, the opponents took a quantity of steps demonstrating alleged significant reasons to justify the client’s expulsion from the company. Ultimately, it was proven that these ‘significant reasons’ did not exist.
After lengthy proceedings, the court ruled in favour of the RKKW’s Client. Taking into account the arguments raised by RKKW’s lawyers, judge dismissed the action entirely. Consequently, the client was not expelled from the general partnership. Moreover, the court also revoked the mentioned freezing order, as requested by our lawyers.
In reasons for a judgement, the court pointed out, i. a., it had not been proven that the defendant had taken any negative actions against the partnership. Furthermore, the circumstances, dating several years before the trial, raised by the plaintiffs allegedly in order to justified the expulsion, were in fact a pretext for excluding the defendant from the partnership as a result of the conflict between him and the plaintiffs themselves. However, a mere conflict between partners cannot legitimize the expulsion, particularly when the responsibility for dispute and the lack of mutual trust cannot be attributed to only one of the partners.
The judgment and order are not final.
In this case the client is represented by attorney-at-law Maria Czaińska (Counsel) and advocate Joanna Lewtak (Associate). The project is coordinated by Karol Maciej Szymański (Managing Partner).
