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Cowan v Hathorn NO and Others (176/2013) [2013] ZASCA 159

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Cowan v Hathorn NO and Others (176/2013) [2013] ZASCA 159

27th November 2013

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Summary: Section 32(1)(b) Insolvency Act 24 of 1936 – indemnity not furnished prior to institution of proceedings – subsequently furnished – in circumstances of case object of section found to be satisfied – proceedings not a nullity.

Order

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On appeal from: Western Cape High Court, Cape Town (Savage AJ sitting as court of first instance):

1 The application to supplement the appeal record is dismissed with costs.

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2 The appeal is dismissed with costs.

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