MRL3701 Assignment 1 and 2 Semester 2 2024 | Due 23 August 2024
31 views 1 purchase
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...
, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
Please note that the author of this document will not responsibility for any plagiarizing you
commit.
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
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Aimark94. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.35. You're not tied to anything after your purchase.
