n Annual Survey of South African Law - Insolvency law (including winding-up of insolvent companies)
|Article Title||Insolvency law (including winding-up of insolvent companies)|
|© Publisher:||Juta Law Publishing|
|Journal||Annual Survey of South African Law|
|Publication Date||Jan 2006|
|Pages||529 - 536|
In order to prove an act of insolvency in Lynn & Main Inc v Naidoo 2006 (1) SA 59 (N) (also discussed in the chapter on the Law of Evidence), the applicant in sequestration proceedings adduced a letter from the respondent's attorney. The letter, which included a statement that it could 'not be used to prove any act of compromise' in terms of the Insolvency Act 24 of 1936 ('the Insolvency Act'), was marked 'without prejudice'.
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