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South Africa Case Law

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Civil Procedure [2014] ZAFSHC 244

Stewart N.O. and Another v Kachelhoffer (615/2012)

Stewart N.O. and Another v Kachelhoffer (615/2012) [2014] ZAFSHC 244 (5 December 2014)

Leave to appeal was refused on the merits but granted on costs in an insolvency-related dispute arising from an unlawful investment scheme.

  • Leave To Appeal
  • Insolvent Estate
  • Unlawful Investment Scheme
  • Condictio Ob Iniustam Causam
  • Costs Order
  • Judicial Discretion
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Tax Law [2007] ZASCA 71

MP Finance Group CC (in liquidation) v Commissioner for South African Revenue Service (41/06)

MP Finance Group CC (in liquidation) v Commissioner for South African Revenue Service (41/06) [2007] ZASCA 71; 2007 (5) SA 521 (SCA); 69 SATC 141 (31 May 2007)

The Supreme Court of Appeal held that money paid into an illegal pyramid scheme was still “received” for gross income purposes and therefore taxable.

  • Gross Income Definition
  • Illegal Contracts
  • Pyramid Scheme Taxation
  • Income Tax Act
  • Condictio Ob Iniustam Causam
  • Gross-income
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.