Hilse v Standard Trading C.o. Ltd [1915] ZATPD 77 (6 October 1915)

Reported
Flynote

Piiblic Welfare and Moratorium Act, 1914, sec. 5.-Debtor solvent.-Inability to pay owing to war. Eteplanation -Discretion.Conduct of debtor.

Case summary

In order to obtain the benefit of sec. 5 of the Public Welfare and Moratorium Act,1914, a debtor must satisfy the Court as to the manner in which the war is
directly or indirectly the cause of his inability to pay his liabilities. In exercising its discretion under the section the Court is entitled to take into consideration
the conduct of the debtor towards his creditors.


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