Banker S.A. September 2013 | Page 43

LEGAL NOTES The cost of frivolous debt review applications In the past, courts have been reluctant to grant orders for costs against statutory functionaries, for example debt counsellors, as a result of the belief that such orders would dissuade public functionaries from carrying out their statutory functions effectively, and have an adverse effect on the public interest. However, case law has developed over the years and in appropriate cases, such an order can be made, as seen i