South Africa Case Law

Le Bac Estates (Pty) Ltd v Veripath (Pty) Ltd (241/2004)

Le Bac Estates (Pty) Ltd v Veripath (Pty) Ltd (241/2004) [2010] ZAGPPHC 596 (17 March 2010)

Court

North Gauteng High Court, Pretoria

Case number

241/2004

Judge

R G Tolmay

The court found that the agreement between the plaintiff and defendant was not simulated. The structuring of the agreement through Lister Leaves (Le Bac Estates) was motivated by legitimate concerns regarding professional rules and tax effectiveness, and there was no evidence of dishonesty or intent to disguise the true nature of the transaction. The defendant conceded that a consultancy agreement existed with the plaintiff and that invoices and payments were made accordingly. The only remaining dispute was the March 2002 payment, which, on a balance of probabilities, was found to have been m…

Source excerpt

• Consultancy Agreement
• Simulated Contract
• Onus Of Proof
• Tax Effectiveness
• Professional Rules

JDG Trading (Edms) Beperk v Louw and Another (48/2006)

JDG Trading (Edms) Beperk v Louw and Another (48/2006) [2006] ZANCHC 80 (10 February 2006)

Court

Northern Cape High Court, Kimberley

Case number

48/2006

Judge

Majiedt R

The High Court dismissed an application to declare a furniture-finance deal a valid loan agreement and held the matter was really a credit agreement.

• Simulated Contract
• Loan Agreement
• Credit Agreement
• Declaratory Relief
• Magistrates Court Procedure
• Simulated-contract

Michau v Maize Board (280/2002)

Michau v Maize Board (280/2002) [2003] ZASCA 79; 2003 (6) SA 459 (SCA); 66 SATC 288 (12 September 2003)

Court

Supreme Court of Appeal

Case number

280/2002

Judges

Scott, Harms, Heher

The court held that agreements with Rainbow Chicken Farms were simulated and concealed a sale of maize, making levies payable by the producer.

• Simulated Contract
• Levies On Agricultural Products
• Marketing Act
• Burden Of Proof
• True Nature Of Transaction
• Simulated-contract