MRL3701 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 30 August 2024 ; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.6.7-1.7.1-1.7.3.9. Ensure your success with us ......... See the table below and match the columns to answer the following questions....
2. Ratio decidendi of the case: The relief sought in a sequestration application is directed
at diminishing the legal status and capacity of a particular individual debtor, so it should
pertain to that debtor’s circumstances only.
3. Area of Insolvency Law applicable: Compulsory Sequestration.
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QUESTION 1
(a)
1. Case name: Amod v Khan 1947 (2) SA 432 (N)
2. Ratio decidendi of the case: The relief sought in a sequestration application is
directed at diminishing the legal status and capacity of a particular individual
debtor, so it should pertain to that debtor’s circumstances only.
3. Area of Insolvency Law applicable: Compulsory Sequestration.
(b)
1. Case name: Ex Parte Arntzen (Nedbank Ltd as Intervening Creditor) 2013 (1)
SA 49 (KZP)
2. Ratio decidendi of the case: The court confirmed that voluntary surrender
applications must comply with the provisions in s 6(1) of the Act and the court
must be satisfied that it will be to the advantage of creditors if the debtor’s estate
is surrendered.
3. Area of Insolvency Law applicable: Sections 3-6 of the Insolvency Act 24 of
1936.
(c)
1. Case name: Harksen v Lane 1998 (1) SA 300 (CC)
2. Ratio decidendi of the case: Section 21 did not infringe the constitutional
provisions and the temporary divestment of the solvent spouse was merely to
ensure that the insolvent estate was not deprived of property to which it was
entitled.
3. Area of Insolvency Law applicable: Section 21 Insolvency Act 24 of 1936.
(d)
1. Case name: Strutfast (Pty) Ltd v Uys 2017 (6) SA 491 (GJ)
2. Ratio decidendi of the case: The definition of “employees” in section 9(4A)
includes all employees, as well as domestic employees.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
reliance and use of the contents of this document. This document is to be used for comparison, research
and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.
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