MRL3701
ASSIGNMENT 1 2024
D U E : 30 A U G U S T 2 0 2 4
SEMESTER 2 2024
, Assignment 01
OPENS FOR SUBMISSION: 23 August 2024
DUE DATE: 30 August 2024
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. 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.
Answers
Question a
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.
ASSIGNMENT 1 2024
D U E : 30 A U G U S T 2 0 2 4
SEMESTER 2 2024
, Assignment 01
OPENS FOR SUBMISSION: 23 August 2024
DUE DATE: 30 August 2024
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. 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.
Answers
Question a
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.
