MRL3701 - Insolvency Law
2022
ASSIGNMENT 2
Written by
Camecia Cass
BUY ME TO VIEW THE REST OF THE ANSWER
Question:
Critically discuss the case of Harsksen v Lane1998 (1)
SA 300 (CC) with reference to the relevant legislation.
The Facts - Mrs Harksen's property was attached as a result of the Master's and then
the trustees' statutory vesting1 of her property2. Mrs Harksen was summoned to the
first meeting of creditors in Mr Harksen's insolvent estate per section 64 (Insolvent and
others to attend meetings of creditors) and section 65 (Interrogation of insolvent and
other witnesses) of the Act,3 where she was expected to disclose "all documentation
relevant to [her] financial affairs and the financial affairs of Jürgen Harksen."
1
Section 21 of the Insolvency Act 24 of 1936.
2
Van Schalkwyk v Die Meester 1975 (2) SA 508 (N) at 510EF.
3
Insolvency Act 24 of 1936.
1
2022
ASSIGNMENT 2
Written by
Camecia Cass
BUY ME TO VIEW THE REST OF THE ANSWER
Question:
Critically discuss the case of Harsksen v Lane1998 (1)
SA 300 (CC) with reference to the relevant legislation.
The Facts - Mrs Harksen's property was attached as a result of the Master's and then
the trustees' statutory vesting1 of her property2. Mrs Harksen was summoned to the
first meeting of creditors in Mr Harksen's insolvent estate per section 64 (Insolvent and
others to attend meetings of creditors) and section 65 (Interrogation of insolvent and
other witnesses) of the Act,3 where she was expected to disclose "all documentation
relevant to [her] financial affairs and the financial affairs of Jürgen Harksen."
1
Section 21 of the Insolvency Act 24 of 1936.
2
Van Schalkwyk v Die Meester 1975 (2) SA 508 (N) at 510EF.
3
Insolvency Act 24 of 1936.
1
