Venter N.O and Another v Alba Skrynwerkersgeboue (Pty) Ltd (1871/2021)
Venter N.O and Another v Alba Skrynwerkersgeboue (Pty) Ltd (1871/2021) [2022] ZANCHC 38 (22 July 2022)
The High Court's jurisdiction is not ousted by section 69(3) of the Insolvency Act, as neither the Act nor its interpretation excludes such jurisdiction expressly or by necessary implication. The applicants, as liquidators, are entitled to seek relief under section 69, and the requirement for a deputy sheriff's inventory does not apply in voluntary liquidation where assets are subject to a tacit hypothec and have been inventoried by an authorised agent. The applicants have made out a proper case for declaratory relief regarding the respondent's contraventions of sections 142 and 145 of the In…
Source excerpt
- Insolvency Act Search And Seizure
- Liquidation Procedure
- Exclusive Jurisdiction
- Declaratory Relief
- Tacit Hypothec
- Punitive Costs