Cooper NO en Andere v Die Meester en 'n Ander,[1] an important case in South African property law, was heard in the Appellate Division on 7 November 1991, with judgment handed down on 5 March 1992.
Judgment edit
The Insolvency Act[2] contains an exhaustive list of priorities of statutory preferences on insolvency.[3] The court found that a special notarial bond over specified movable property, when that property has remained in the possession of the mortgagor until the sequestration of his estate, is not included in this list and accordingly does not confer a statutory preference in favour of the mortgagee. It follows, held the court, that the mortgagee has no preference above other concurrent creditors in respect of the free residue.
The decision in the Orange Free State Provincial Division, in Cooper NO en Andere v Die Meester en 'n Ander,[4] was thus reversed.
See also edit
References edit
Cases edit
- Cooper NO en Andere v Die Meester en 'n Ander 1991 (3) SA 158.
- Cooper NO en Andere v Die Meester en 'n Ander 1992 (3) SA 60 (A).
Statutes edit
- Insolvency Act 24 of 1936.
- Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998.
Notes edit
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