Soiling Juliana Meadley v Carrack Investments (Pvt) Ltd & 2 Ors

Key Issues

• {"issue_text":"Whether agreement provided for personal benefit of 2nd defendant","issue_type":"mixed","dispositive":"yes","related_facts":"Power of attorney terms; property registration in 2nd defendant's name"}
• {"issue_text":"Whether agreements contravene Deeds Registries Act","issue_type":"law","dispositive":"yes","related_facts":"Direct transfer from third parties to ultimate purchasers"}
• {"issue_text":"Whether agreements constitute tax evasion","issue_type":"law","dispositive":"yes","related_facts":"False second agreement; no capital gains tax paid"}
• {"issue_text":"Whether agreement contravenes SI 212/19 on foreign currency payments","issue_type":"law","dispositive":"yes","related_facts":"Purchase price expressed in US dollars"}
• {"issue_text":"Whether Master's consent was condition precedent","issue_type":"law","dispositive":"yes","related_facts":"Property still in deceased estate name; no Master consent obtained"}
• {"issue_text":"Whether illegalities can be severed from agreements","issue_type":"law","dispositive":"yes","related_facts":"Multiple illegal provisions throughout agreements"}
• {"issue_text":"Whether agreements are a scam","issue_type":"mixed","dispositive":"yes","related_facts":"Overall fraudulent design of transaction"}

Background