Urquhart and Others v Master of the High Court and Others (5733/2018)
Urquhart and Others v Master of the High Court and Others (5733/2018) [2019] ZAFSHC 182 (30 September 2019)
The court found that the Master failed to properly apply his mind when issuing the summonses under section 152(2) of the Insolvency Act. The record before the court showed that the Master acted on limited and insufficient information, did not inquire into the nature of the litigation or the documents already available to the trustees, and did not justify the need for the summonses. The process was abused by FirstRand Bank Limited to obtain an improper forensic advantage in the pending Wonderhoek trial, including conducting a dress rehearsal for cross-examination and harassing individuals who…
Source excerpt
- Judicial Review Of Administrative Action
- Abuse Of Insolvency Process
- Section 152 Inquiry
- Forensic Advantage In Litigation
- Costs Orders
- Rule 53 Review