MRL3701 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2024 - UNISA - DUE : 30 AUGUST 2024 - UNIQUE NUMBER:- ( FULLY REFERENCED WITH FOOTNOTES- DISTINCTION GUARANTEED)
QUESTION:
See the table below and match the columns to answer the following questions. You must therefore answer the question as follows on...
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MRL3701
Insolvency law
ASSIGNMENT 1
MEMO
SEMESTER 2 – 2024 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 30 AUGUST 2024
Includes Footnotes and/or Bibliography.
ASSIGNMENT PREVIEW
QUESTION
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.
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, 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: Section 9 (4A) of the Insolvency Act 24 of
1936.
(b)
1. Case name: Ex Parte Arntzen (Nedbank Ltd as Intervening Creditor) 2013 (1)
SA 49 (KZP)
2. Ratio decidendi of the case: The definition of “employees” in section 9(4)
includes all employees, as well as domestic employees.
3. Area of Insolvency Law applicable: Compulsory Sequestration.
1. Case name: Harksen v Lane 1998 (1) SA 300 (CC)
2. Ratio decidendi of the case: Even when all the requirements of section 12 were
complied with, the court retained its discretion to grant or refuse a
sequestration order.
3. Area of Insolvency Law applicable: Voluntary surrender of two individuals (in
one application).
(d)
1. Case name: Strutfast (Pty) Ltd v Uys 2017 (6) SA 491 (GJ)
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: Section 21 Insolvency Act 24 of 1936.
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