By Duncan Wild on 1 November 2014
The applicant in this case, Ms Virginia Sarrahwitz seeks a declaration of unconstitutionality of the common law position that immovable property which had been sold but not yet transferred to the purchaser prior to the seller’s insolvency, vests in the trustee of the seller’s insolvent estate. If the trustee does not honour the contract of sale and transfer the property, the purchaser is left only with a concurrent claim against the insolvent estate.
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By Duncan Wild on 13 August 2014
The case concerns a challenge to an order declaring the first and second appellants (Mr and Mrs Stratford) insolvent, as well as a challenge to the provisions of section 9(4A)(a)(ii) of the Insolvency Act. This section prescribes the manner in which an employee of the debtor is to receive notice of an application for the sequestration of the debtor’s estate. As the law currently stands, this section has been interpreted by the Supreme Court of Appeal to apply only to notice to a debtor’s business employees, however, the appellants claim that it must be interpreted to apply also to a debtor’s domestic employees. Continue reading →