Divaris and Another v Master of the High Court Johannesburg and Others (046772/2023)
Divaris and Another v Master of the High Court Johannesburg and Others (046772/2023) [2023] ZAGPJHC 611 (1 June 2023)
The court held that the summons issued under section 152(2) of the Insolvency Act was invalid due to the failure to tender the prescribed witness fees. The authorities binding on the court require strict compliance with the tariff, and a defective tender renders the summons liable to be set aside. The respondents' attempt to distinguish the matter on the basis of waiver or remote evidence was rejected, as waiver was neither pleaded nor established, and the applicants' conduct did not amount to acceptance of the defective process. The court found no basis for costs de bonis propriis, as the re…
Source excerpt
- Insolvency Act Section 152
- Witness Fees Tender
- Summons Validity
- Waiver Of Rights