MRL3701 Assignment 1 Semester 2 Due 30 August 2024 (Detailed Solution)

(a) Case name: Amod v Khan 1947 (2) SA 432 (N) 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. Area of Insolvency Law applicable: Section 9(4A) of the Insolvency Act 24 of 1936. (b) Case name: Ex Parte Arntzen (Nedbank Ltd as Intervening Creditor) 2013 (1) SA 49 (KZP) Ratio decidendi of the case: The definition of “employees” in section 9(4A) includes all employees, as well as domestic employees. Area of Insolvency Law applicable: Compulsory Sequestration. (c) Case name: Harksen v Lane 1998 (1) SA 300 (CC) 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. Area of Insolvency Law applicable: Voluntary surrender of two individuals (in one application).