Judgment: N Klein v LA Levick

25 November 2020

The provisional trustees appointed in the insolvent estate of MA Levick, brought an interlocutory application to oppose five review applications brought by Mrs. Levick to set aside certain rulings by the Master for her to attend an inquiry in terms of Section 152 of the Insolvency Act.

The case is interesting as it sets out the requirements a trustee has to present for the granting of the authority and what constitutes good cause for the granting of the authority to oppose various review proceedings and to bring a counter application against Mrs. Levick and their daughter for a warrant of committal in terms of Section 66(2) as read with 152(6) of the Insolvency Act.

In a well-reasoned judgment the Honourable Dippenaar J. found in favour of the provisional trustees that they had made out a case for good cause for the authority to be granted to oppose the review proceedings and to bring the counter application.

This judgment was kindly sent to us by C Strime of Fluxmans Inc.

  Judgment: N Klein NO & Others v LA Levick & Others - Judgment 23 November 2020