Cohen Brothers and Co v Benjamin; Jagger and Co v Benjamin [1912] ZAWLD 9 (11 April 1912)

l nsol~,ency .-Seq'uestration.-Application14. by Creditors.
-Costs.-When Costs of one of Two Applications
disa.llowed.-Law 13 of 1895.
 

In pursuance of a resolution of a general meeting of a
debtor's creditor.~, a petition for the sequestration of
the debtor's estate, on the ground that the liabilities
exceeded the assets, was filed by a certain creditor
who gave the debtor notice thereof. Without any
alteration in the position of the debtor's affairs, and
pending the hear'ing of the said petition, another
c1·editor who had attended the said meeting, and was
fully aware of the facts, instituted an urgent application
for the seq1wstration of the debt01·' s estate, and
obtained a rule nisi returnable on the day on which
the othr:,r petition had been set down for hearing. 0...-t
that day, apz1earance was made for both creditors,
and the said rule nisi was rnade absolute:-
43
Held, that the costs of the credito1· who had made the 1912.
, April Jl
urgent application had been unnecessarily incu1·red, -- ·
Cohen Brothers
and should not be paid out of the insolvent estate, but and 90. ~s.
Beniamm.
that the costs of the creditor who had petitioned by Jagger and co.
virtue of the resolution of the said meeting of C1'edi- "3• Benjamin.
tors, should be 01'dered to be paid out of that estate.