The appointment of insolvency practitioners in South Africa: time for change

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Burdette, D ; Calitz, J (2004)
  • Publisher: Juta & Company Ltd.
  • References (43)
    43 references, page 1 of 5

    96 This is of particular interest considering that the master has on occasion appointed more than three trustees to administer the estate in question.

    97 This article only deals with appointments made by the master in the case of a company being wound up by the court, although similar rules apply in the case of a company being wound up voluntarily by resolution.

    98 as amended by s 16 of Judicial Matters Amendment Act 16 of 2003 - emphasis provided.

    99 (n 92). See also par 3.2.1 above.

    100 See eg Murray v Edendale Estates Ltd 1908 TS 17 22; In re Greatrex Footwear (Pty) Ltd (II) 1936 NPD 536 537-539; Wolstenholme v Hartley Farmers Agricultural Co-operative Co Ltd 1965 4 SA 73 (SR); Ex parte Clifford Homes Construction (Pty) Ltd 1989 4 SA 610 (W) 614; Krumm v The Master 1989 3 SA 944 (D).

    101 s 364(2) of the Companies Act.

    102 s 369(2) of the Companies Act.

    103 s 374 of the Companies Act.

    125 See Burdette (n 28) 89-95.

    126 In Australia the term ''bankruptcy'' is used to refer to the process which involves dealing with the affairs of an individual, and ''liquidation'' or ''winding-up'' refers to the process dealing with the affairs of an insolvent corporation.

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