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Osborne v Cockin NO & Others (549/2017) [2018] ZASCA 58 (17 May 2018) Osborne v Cockin NO & Others (549/2017) [2018] ZASCA 58 (17 May 2018) hotpic

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Summary: Where no contractual or other claim lies against a trust, and theSummary: Where no contractual or other claim lies against a trust, and thecreditor alleges that the trust is the alter ego of the debtor, it cannot claim thesequestration of the trust unless it can show that the trust is its debtor and isinsolvent. An unliquidated claim for damages cannot found a claim for sequestrationand sequestration is not the appropriate remedy for resolving a dispute about a debt.

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Created 2018-08-28
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