Retief v Du Preez t/a Ardu Transport (11845/05)
Retief v Du Preez t/a Ardu Transport (11845/05) [2005] ZAGPHC 84 (19 August 2005)
The court found that the applicant failed to comply with the mandatory requirements of section 9(4A)(a) and (b) of the Insolvency Act by not furnishing notice of the sequestration application to the respondent's employees and SARS, nor filing the required affidavit of service. The statutory provisions are peremptory, and non-compliance is fatal to the validity of the application. The absence of notice constitutes a serious breach of the audi alteram partem rule, as the interests of employees and SARS are directly affected by sequestration. The court held that the provisional order was imprope…
Source excerpt
- Provisional Sequestration
- Insolvency Act Compliance
- Notice To Employees And Sars
- Audi Alteram Partem
- Costs De Bonis Propriis