Insolvency Update: Review 2016

Enforcement of loans continues to be a challenge, particularly, enforcement by the purchasers of debt. Equally, there have been helpful developments for secured and unsecured lenders and receivers appointed by them.

Key developments during 2016 include:

• Increased judicial restraint on repeat litigation and the narrowing of issues in appeals
• Greater clarity in relation to jurisdiction in possession proceedings
• Procedural changes in relation to substitution applications
• The introduction of rent control in certain areas

Restraint on repeat litigation and limitation of issues in appeals

The trend for vexatious litigation continued during the course of the year. The courts' increased willingness to appropriately address litigants in these types of cases is a positive development.