Ex parte: Reuter [1911] ZAWLD 15 (11 May 1911)

Reported
Flynote

Practice - Staying Proceedings - Where Costs of Previous Proceedings Unpaid - Application by Debtor to Surrender Estate.

 

Case summary

Where an application by a debtor to surrender his estate as insolvent had been refused for want of due formality and subsequently he renewed his application in due form.

Held, that the fact that the costs of the first application had not been paid was no bar to the subsequent application, for assuming the applicant to be insolvent he could not pay such costs, and they were provable in his insolvency.

 


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