Hillhouse & McHardy v Gersohn [1909] ZAHCORC 14 (1 May 1909)

Reported

Jurisdiction: South Africa
Citation: Hillhouse & McHardy v Gersohn [1909] ZAHCORC 14 (1 May 1909)
Media Neutral Citation: [1909] ZAHCORC 14
Court: High Court of the Orange River Colony
Law report citations: 1909 ORC 51
Judges: Maasdorp CJ
Judgment date: 1 May 1909
Language: English
Type: Judgment
Download: Download PDF (190.1 KB)

Flynote: Insolvency.-Compulsory sequesflration.-Sec. 5 of chap. 104 of the Law Book.-Benefit of creditors.

Case summary

The Court bas no discretion in an application for compulsory sequestration, where there is proof of an act of insolvency, to refuse the final order on the ground that it is not for the benefit of the creditors.

Scott v. Frame (17 C.T.R. 1133) followed.

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