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)
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