Smith v Porritt and Others (536/05)
Smith v Porritt and Others (536/05) [2007] ZASCA 19; [2007] SCA 19 (RSA); 2008 (6) SA 303 (SCA); (23 March 2007)
The Supreme Court of Appeal held that the defence of res judicata is not available to a creditor whose claim is challenged by the trustee or liquidator, as the latter is not privy to the insolvent or company in liquidation and has independent rights under the relevant statutes. The judgment granting liquidation or sequestration does not constitute a final determination of the creditor's claim, but merely establishes locus standi. The subpoenas issued to the appellant were justified as they sought documents relevant to the examination of PSC's claims against EBN and Awethu, and there was no ev…
Source excerpt
- Insolvency Proceedings
- Subpoena And Discovery
- Creditor Claims
- Res Judicata
- Privilege
- Abuse Of Process