Moodley v Hedley 1963 - Moodley v Hedley 1963(3 SA 453(N Facts The respondent's estate was placed under provisional sequestration on the petition of the

Moodley v Hedley 1963 - Moodley v Hedley 1963(3 SA 453(N...

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Moodley v Hedley 1963 (3) SA 453 (N): Facts: The respondent's estate was placed under provisional sequestration on the petition of the applicant, who alleged that the respondent had committed an act of insolvency in terms of s8 (b), that the respondent was in fact insolvent and that the applicant believed that sequestration would be to the general advantage of creditors. The respondent opposed this application stating that the applicant had failed to establish the alleged act of insolvency, denying that respondent was in fact insolvent and disputing the allegation that sequestration would be to the advantage of creditors. Nonetheless, the messenger issued a return of service illustrating that the debtor did not have any money to pay for his debts nor was the debtor able to point out any assets which may be sold in sale of execution so to dispose of his debt. Law: It has repeatedly been held that section 8 (b) includes two acts of insolvency: o Where the writ is presented to the debtor and he fails to satisfy the judgment or to indicate sufficient disposable property with which to satisfy it, and, o Where the execution officer himself fails to find sufficient disposable property.
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