n Without Prejudice - Now the court expects private business to be the watchdog : property company law
|Article Title||Now the court expects private business to be the watchdog : property company law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Affiliations||1 Cliffe Dekker Hofmeyr|
|Publication Date||May 2012|
|Pages||29 - 31|
The Supreme Court of Appeal, in a judgement handed down by Petse AJA held that the mortgagee holds no rights in the event of a transfer hit by non-compliance with s34(1) of the Insolvency Act (24 of 1936) as such a transfer (and the resultant registration of mortgage bonds) is void ab initio.
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