Muller NO and Another v Community Medical Aid Scheme (901/2010)
Muller NO and Another v Community Medical Aid Scheme (901/2010) [2011] ZASCA 228; 2012 (2) SA 286 (SCA); [2012] 2 All SA 252 (SCA) (30 November 2011)
The Supreme Court of Appeal held that the September 2008 contributions paid by members of Humanity Medical Scheme were due and payable to Humanity in terms of its rules and were received as such. Humanity undertook to pay these contributions over to Community Medical Aid Scheme as part of the transfer of its members, which was approved and confirmed by the Council for Medical Schemes under section 63 of the Medical Schemes Act. Upon confirmation, the entitlement to the contributions vested in Community Medical Aid Scheme by operation of law and no longer formed part of Humanity's insolvent es…
Source excerpt
- Medical Schemes Act
- Liquidation Of Medical Scheme
- Transfer Of Members
- Statutory Vesting Of Assets
- Concursus Creditorum