The Western Cape High Court dismissed an application for leave to appeal in a matter involving Botlierskop Private Game Reserve and the liquidators of Reeco Holdings. The judgment says the proposed appeal concerned a claimed payment of R9.2 million and discusses arguments about a sham consultancy agreement, illegality, and an enrichment claim that had not been pleaded.
This may be relevant to insolvency, commercial litigation and appellate practice matters.
Evidence from source
The applicants’ application for leave to appeal is dismissed with costs, such costs to include the cost of Senior Counsel payable on Scale C and Junior Counsel payable on Scale B.
Supports: The court’s order dismissing leave to appeal with costs.
the applicants, in their capacities as liquidators of Reeco Holdings (Proprietary) Limited (in liquidation) (‘Reeco’) the sum of R 9.2 million.
Supports: The amount and insolvency context discussed in the judgment.
the fictitious consultancy agreement entered into between Reeco and Botlierskop, the purpose whereof was to evade taxation.
Supports: The judgment’s discussion of the sham consultancy agreement and alleged tax evasion purpose.