Ex Parte Widman; Ex Parte Tatz [1914] ZATPD 80 (13 July 1914)

Reported
Flynote

lnsolvency.-Discharge of seqnestration.-Consent of creditors.Procednre.-Special reasons.

Case summary

The Court will not under it's general powers discharge an order of sequestration duly made, even though all -the insolvent's creditors consent thereto, unless special reasons exist and the circumstances are such as to render it impossible to adopt the ordinary machinery provided by the Insolvency Law. The unwillingness o.f secured creditors to consent to a composition, the inconvenience 0£ a composition, and the necessity and expense of passing fresh bonds in such creditors' favour, Held, not 'to amount to such special reasons.


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