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Insolvency — member of partnership — partnership estate sequestrated — application for rehabilitation of partner's estate — Court entitled to take into account the continued insolvency of the partnership.
The applicant was a member of a partnership. The partnership estate had been sequestrated following its insolvency and in terms of s 18 of the Insolvency Act [Chapter 303] the applicant's estate was also sequestrated. No liabilities and no claims were proved against the applicant's personal estate, and he applied for his rehabilitation.
Held, that the fact that no claims were proved against his estate did not mean that the Court might not take into account the continued insolvency of the partnership in so far as it reflected on the merits of the application. The trustee of the insolvent estate of the partnership is, by virtue of s 64(1)(b) of the Act, entitled to look to the partner's own estate for funds to meet partnership debts, and in this case the applicant had apparently made little effort to discharge his obligations. The application was accordingly dismissed.
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