Applemint Properties 45 (Pty) Ltd and Others v Master of the High Court, KwaZulu-Natal Division, Pietermaritzburg and Others (13377/13)
Applemint Properties 45 (Pty) Ltd and Others v Master of the High Court, KwaZulu-Natal Division, Pietermaritzburg and Others (13377/13) [2018] ZAKZPHC 72 (21 December 2018)
The court found that the Master failed to properly apply her mind to the applicants' claims and did not invoke section 44(7) of the Insolvency Act, which would have allowed for interrogation and clarification of disputed claims. The reasons given for rejection were insufficient and did not reflect a thorough consideration of the evidence. The applicants, as persons aggrieved, had locus standi to bring the review. However, their standing to challenge the approval of the second respondent's claim depended on at least one of their claims being admitted. The court held that the decision to admit…
Source excerpt
- Insolvency Act Section 151 Review
- Proof Of Claims
- Locus Standi
- Liquidated Vs Unliquidated Claims
- Costs Of Review
- Creditor Meeting Procedure