Ex parte: The Master; In Re: The Niagara Ltd [In Liquidation] [1912] ZATPD 121 (24 October 1912)

Company -Liquidation -Fraud -Public examination.
Application - Practice - Directors - Qualification
shares- Acceptance from vendor.-Act 31 of 1909, sec. 152 (1).

An application by the Master under sec. 152 (1) of Act
31 of 1909, for the public examination of persons
connected with a company i'n liquidation, may be
made ex parte. The persons concerned are entitlea
to oppose fhe application, bitt cannot be heard on thf!i
merits.

The acceptance by d-irectors of qualification shaJ'es frorn the vendor of the company constitutes a fraud on the company, and the Court will order the public examination of such directors under sec. 152 (1) of Act 31 of 1909 notwithstanding that the facts are
admitted.