Edwards v Oldbury and Another [1912] ZATPD 90 (12 August 1912)

Insolvency.-Voluntary Surrender.-Notice of .-Application for Compulsory Sequestration.-Practice.Offer to pay Wasted Costs.

Where an insolvent has advertised his intention to apply for the voluntary sequestration of his estate the Court will not anticipate such application and compulsorily sequestrate such estate unless good grounds are shown. The fact that a creditor applying for leave to anticizJate offers to pay the wasted costs should be seTiously considered by the Court though it is in itself not sufficient to obtain such leave.