Smith, Alastair; Van der Linde & Calitz, Juanita. Hockly’s Law of Insolvency: Winding-up & Business Rescue. – 10th ed. – Juta, 2022.
ISBN: 9781485140276
Publisher’s summary: “This tenth edition of Hockly’s Insolvency Law has been renamed Hockly’s Law of Insolvency, Winding-up and Business Rescue to reflect the changes to the three main fields that it discusses.
Features distinguishing this tenth edition include these:
Developments over the last ten years since the previous edition are summarized, including the statutory changes and the decisions of the Constitutional Court and the Supreme Court of Appeal and leading decisions of the High Court.
In particular, business rescue is now discussed in three chapters, and the company’s compromise with its creditors is discussed in its own separate chapter.
The introduction encourages readers to consider the need for reforming insolvency law in the 21st century, to read the law with a critical and creative eye, and to ponder the policy choices to be made.
Chapter 7 on uncompleted contracts has been rearranged, opening with a pigeonholing approach to analysing contracts, followed by a statement of the supporting common law and a discussion of a series of specific contracts analysed according to which of the contractants is now in sequestration or liquidation.
The text is even more accessible, with extra explanation for readers with limited library access, and the book is available as an e-book.
Learners with a strong visual sense are shown examples of diagrams and timelines to help analyse complicated sets of facts and apply complicated provisions to them. It is recommended that they should identify the debtor in red in their diagrams.”
Partial contents: Obtaining a sequestration order [Voluntary surrender – Compulsory sequestration] – Effects of sequestration [The legal position of the insolvent – Vesting of the assets of the insolvent – Vesting of the assets of the solvent spouse – Uncompleted contracts and legal proceedings not yet finalized] – Collection of estate assets [Preservation of the estate pending the trustee’s appointment – Meetings of creditors and proof of claims – The election of the trustee – The duties and powers of the trustee – Impeachable dispositions – Interrogation of the insolvent and other witnesses – The duties of the insolvent] – Realization and distribution of the assets [Realization of the estate assets – Creditors’ claims and their ranking – The estate accounts and the distribution of the estate] – Composition and rehabilitation [Composition – Rehabilitation] – Partnership and sequestration – Insolvent deceased estates – Offences – Winding-up and rescue of companies and close corporations [Winding-up of companies – Winding-up of close corporations – The commencement of business rescue proceedings – The effects of business rescue proceedings – The conduct of business rescue proceedings – Compromise with creditors – Cross-border insolvency.
Price: R823.00 (soft cover).
The publication can be ordered from the Lexinfo Book Supply Service by sending an email to books@lexinfo.co.za
Posted: 13 January 2022
Updated: 8 January 2024