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Insolvency — act of insolvency — nulla bona return — requirements — D "disposable property" — does not include mortgaged immovable property.
Evidence — affidavit — deficiencies in evidence in applicant's papers remedied by uncontested depositions of respondent.
Legislation — Insolvency Act [Chapter 303] s 13(b).
Words E and Phrases — "disposable property".
A nulla bona return against movable property only does not establish that there is insufficient disposable property to pay a judgment debt in that it is possible that there may be disposable immovable assets. Where itappears from the respondent's own papers that his immovable property is mortgaged, and therefore not disposable in terms of s 13(b) of the Insolvency Act [Chapter 303] then the deficiency in the return is remedied and sequestration may be ordered
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