Jackson v De Wilde [1914] ZAWLD 13 (4 June 1914)

Reported
Flynote

lnsolvency.-Law 13 of 1895, sec. 3.-Time for filing schedules.Negligence of Attorney.--Costs of voluntary surrender proceedings.

Case summary

Sec. 3 of Law 13 of 1895, enacting that "Schedules shall lie for the inspection of creditors at all times during office · hours for a period of fourteen days from
the date of the first publication of notice in the Gazette," means from 9 a.m.on the first day.
Failure by an attorney to act in accordance with this enactment constitute~negligence.
Where such negligence results in locking up an estate, which is subsequently com
pulsorily sequestrated, the insolvent's costs of the wasted voluntary surrender
proceedings cannot come out of the estate.


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