Judgment form the Pretoria High Court. The applicant sought the removal of the liquidator and receiver appointed to divide the joint estate on the basis of his ‘over biasness’ in his modus of bringing the joint estate to conclusion. The Court remarked that the issue in dispute is an age-old dilemma faced by liquidators when a court shifts the duty to divide a joint estate to a liquidator, the latter not having all the same powers and authority, and it often results in further litigation.
The Court held in this case that it was not desirable to remove the liquidator, as the liquidator had merely applied his discretion. Furthermore, the final account has no legal force until enacted in a court order, and here the applicant has a right of recourse against the liquidator’s discretion. The applicant was ordered to pay the costs of the application on an attorney and client scale, which costs will not form part of the liabilities or expenses of the joint estate.