oa De Rebus - Protecting preferent creditors : setting a reserve or obtaining consent? : feature
|Article Title||Protecting preferent creditors : setting a reserve or obtaining consent? : feature|
|© Publisher:||Law Society of South Africa|
|Author||Rouan J. Bouwer|
|Publication Date||Dec 2013|
|Pages||20 - 21|
In a recent unreported judgment of Terence Christopher Demetriou and Another v Sheriff of the Magistrate's Court: Alberton and Others (GSJ) (unreported judgment no 2012/43269) (26-4-2013) the court was faced with a discrepancy in the method of executing against immovable property in terms of the provision of s 66(2) of the Magistrates' Courts Act 32 of 1944 (the Act) as opposed to the provisions of r 46(5) of the rules regulating the conduct of the proceedings of the several provincial and local divisions of the Supreme Court of South Africa (the uniform rules of court of the Supreme Court).
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