MRL3701 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2024 - DUE 30 August
2024
CONTACT:
, MRL3701 Assignment 1 (COMPLETE ANSWERS)
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.
Answer Sheet
(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 the application, and trustees may not consent to taxation of the attorney's
bill without it. The effects of rehabilitation in terms of s 124(3), if the order is granted, is
to reinvest the 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
(COMPLETE ANSWERS)
Semester 2 2024 - DUE 30 August
2024
CONTACT:
, MRL3701 Assignment 1 (COMPLETE ANSWERS)
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.
Answer Sheet
(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 the application, and trustees may not consent to taxation of the attorney's
bill without it. The effects of rehabilitation in terms of s 124(3), if the order is granted, is
to reinvest the 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
