Wolpert v Abolsky [1913] ZAWLD 21 (1 July 1913)

lnsolvency - Act of - Nulla Bona Return - Subsequent Agreement to Pay - Not a Ground for Sequestration

Respondent made a return of nulla bona to a writ upon a judgment, and then with the knowledge of applicant ananged with the judgment creditor to pay off the debt in instalments. Thereafter respondenl, became indebted to applicant who, relying solely upon the above return of nulla bona now applied to sequestrate respondent's estate.

Held, dismissing the application, that in the circumstances the return was not one of which the applicant could take advantage.
Hornabrook v Bright (17 C.T.R. 805) discussed.