Judgment for IP Members
September 2019
Herewith the judgment Pieters NO vs ABSA Bank.
In this matter the Master had issued the Appellant with a Section 419(1) certificate and a Section 385(1) certificate. Five years later the Appellant requested the Master to re-issue her Certificate of Appointment to enable her to pursue the recovery of a potential asset. The Court found that this had been the incorrect procedure to follow and that the Appellant could have rather followed one of the following procedures:
- Brought an application for restoration of the company to the register on the basis that the company had been dissolved alternatively
- Brought an application for declaratory relief as to the correct procedure to be followed by the Master if the company had not been dissolved.
This judgment was kindly sent to us by N Button, H Laher and H Klopper.