Ex parte: Mutual Prospecting and Mining Syndicate Ltd (in liquidation) [1911] ZAWLD 8 (23 March 1911)

Reported
Flynote

Company - Winding-up - Confirmation of Accounts - Release and Discharge of Liquidator - Destruction of Books - Practice - Act 31 of 1909, Secs.133, 135(l), and 192 (2).

Case summary

Under Act 31 of 1909, the Master in the proper person to confirm the liquidation accounts and not the Court.

Under sect.135 (1), the Court can only release or discharge a liquidator, upon consideration of a specific report by the Master and after notice of the application has been given to the creditors, contributories and other persons interested.

Semble, under sect. 192 (2), the Court cannot authorise the books of a company to be destroyed, until five years have elapsed from the date of the dissolution of the company.

 


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