MRL3701 Assignment 1 and 2 Semester 2 2024 | Due 23 August 2024
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Course
Insolvency Law (MRL3701)
Institution
University Of South Africa (Unisa)
Book
Hockly\'s Insolvency Law
See the table below and match the columns to answer the following questions.
Case Name:
Ratio decidendi of the case:
Area of Insolvency Law applicable:
(a)
Amod v Khan 1947 (2) SA 432 (N)
The relief sought in a sequestration application is directed at diminishing the legal status and capacity...
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Assignment 1 - Due 23 August 2024
1. See the table below and match the columns to answer the following questions.
Case Name Ratio decidendi of the case Area of Insolvency Law applicable
Amod v Khan 1947 The relief sought in a sequestration Section 9 (4A) of the Insolvency Act
(2) SA 432 (N) application is directed at diminishing 24 of 1936.
the legal status and capacity of a
particular individual debtor, so it
should pertain to that debtor’s
circumstances only.
Ex Parte Arntzen The definition of “employees” in Compulsory Sequestration.
(Nedbank Ltd as section 9(4A) includes all employees,
Intervening as well as domestic employees.
Creditor) 2013 (1)
SA
49 (KZP)
Harksen v Lane Even when all the requirements of Voluntary surrender of two individuals
1998 (1) SA section 12 were complied with, the (in one application).
300(CC) court retained its discretion to grant or
refuse a sequestration order.
Strutfast (Pty) Ltd v The court confirmed that voluntary Section 21 Insolvency Act 24 of 1936.
Uys 2017 (6) SA surrender applications must comply
491 (GJ) 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.
Stratford v Investec Section 21 did not infringe the Sections 3-6 of the Insolvency Act 24
Bank Ltd 2015 (3) constitutional provisions and the of 1936.
SA 1 (CC) temporary divestment of the solvent
spouse was merely to ensure that the
insolvent estate was not deprived of
property to which it was entitled.
Here is the matching of case names to their ratio decidendi and the corresponding areas of
insolvency law:
Case Name Ratio decidendi of the Area of Insolvency Law Explanation
case applicable
Amod v Even when all the Compulsory Sequestration. The case discussed the
Khan 1947 requirements of section 12 court's discretion in
(2) SA 432 were complied with, the granting a final
(N) court retained its discretion sequestration order, which
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