Tag: Advantage to creditors

Sequestration order refused: Judicial discretion exercised

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Provisional sequestration order: Appealable or not?

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Creditors lacking advantage: Costs contribution?

Body Corporate of Mionette v L When is there a prospect of exposing creditors to contributing to costs and creditors lacking any advantage by sequestrating an owner? “16. Upon adding the applicant’s claim, which is said to...

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Plascon-Evans restated: Resolving factual disputes

Rota Investments CC v Swarts Plascon-Evans restated in the words of recently retired Justice Edwin Cameron in 2003, whilst still a judge of appeal in the Supreme Court of Appeal and before being elevated to the Constitutional...

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