Exam (elaborations)
MRL3701 Assignment 1 Semester 2 2024 - DUE 30 August 2024
- Course
- MRL3701 (MRL3701)
- Institution
- University Of South Africa (Unisa)
MRL3701 Assignment 1 Semester 2 2024 - DUE 30 August 2024 QUESTIONS AND ANSWERS
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MRL3701Assignment 1
Semester 2 2024
- DUE 30 August
2024
QUESTIONS WITH ANSWERS
[School]
[Course title]
, MRL3701 Assignment 1 Semester 2 2024 - DUE 30 August 2024
See the table below and match the columns to answer the following questions.
You must therefore answer the question as follows on your answer sheet (see
ONLY AN EXAMPLE below) and do so for every question (a) – (e). (a)
1. Case name: Ex Parte Snooke 2014 (5) SA 426 (FB)
2. Ratio decidendi of the case: This was an application for rehabilitation. Several
cases of abuses of the sequestration process. Attorneys should limit their fees and
expenses to those stated in application and trustees may not consent to taxation of
attorney's bill without it. The effects of rehabilitation in terms of s 124(3), if the
order is granted, is to reinvest insolvent with his estate.
3. Area of Insolvency Law applicable: Rehabilitation and abuse of sequestration
proceedings. MRL3701 Assessment 1 Semester 2 2024 3 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 of a particular
individual debtor, so it should pertain to that debtor’s circumstances only. Section
9 (4A) of the Insolvency Act 24 of 1936.
(b) Ex Parte Arntzen (Nedbank Ltd as Intervening Creditor) 2013 (1) SA 49 (KZP)
The definition of “employees” in section 9(4A) includes all employees, as well as
domestic employees. Compulsory Sequestration.
(c) Harksen v Lane 1998 (1) SA 300(CC) Even when all the requirements of
section 12 were complied with, the court retained its discretion to grant or refuse a
sequestration order. Voluntary surrender of two individuals (in one application).
(d) Strutfast (Pty) Ltd v Uys 2017 (6) SA 491 (GJ) 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. Section 21 Insolvency Act 24 of 1936.
(e) Stratford v Investec Bank Ltd 2015 (3) SA 1 (CC) 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. Sections 3-6 of the Insolvency Act 24 of 1936.
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