Riekert v Barnard's Trustee [1911] ZATPD 87 (14 June 1911)

Interdict - Perpetual Silence - Claim by Trustee in Insolvency

A trustee of an insolvent estate notified the applicant that the estate claimed the right to certain cattle in possession of the applicant, but that the creditors did not desire proceedings to be instituted in connection therewith, unless the other· assets were insufficient to pay their claims. He stated that no proceedings would be instituted until the other assets had been realised, and the position ascertained. Meanwhile he took immediate steps to realise such assets, and there was no evidence to show that any unreasonable delay was being occasioned by the trustee.

Held, that the Court, in the exercise of its discretion, in the absence of any prejudice likely to be suffered by the applicant, should refuse to grant an order of perpetual silence against the trustee.