n Annual Survey of South African Law - Insolvency law
|Article Title||Insolvency law|
|© Publisher:||Juta Law Publishing|
|Journal||Annual Survey of South African Law|
|Affiliations||1 University of South Africa|
|Publication Date||Jan 2010|
|Pages||627 - 677|
The court reviewing the Master's decision, ruling, order or taxation under section 151 of the Insolvency Act 24 of 1936 exercises a statutory power of review enabling it to consider the matter afresh, with the powers of both a review and an appeal court and, on setting aside the decision, of deciding the matter on new evidence. The extent of its powers derives from the relevant statutory provision and the nature and extent of the decider's functions (Nel and Another NNO v The Master (Absa Bank Ltd and Others Intervening) 2005 (1) SA 276 (SCA) paras -).
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