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BCLR/MJS Step Ahead Newsletter No. 1/2008

Mere suspicion by SARS does not suffice to prove fraud by a taxpayer

The effect of sequestration or winding-up on a creditor who has already obtained judgment against the debtor

Misdescription of insured property - rejection of insurance claim

Beware penalty clauses in contracts

Download Newsletter No. 1/2008 [ PDF - 624kb ]

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From the judge's mouth

'A Difficult Case'

This tale is ... told about a certain civil action which came before Greenberg when he sat, together with another "brother", in an appeal case in the Transvaal Provincial Division at Pretoria.

'During the course of the argument, Greenberg put a certain question to counsel who acted for the appellant. This advocate, scratching his head and thinking hard in an effort to give an appropriate and satisfactory reply, began by saying:

'"My lord, this is a very difficult case ...."

'And before he could say anything further, Greenberg retorted:

'"Difficult for whom?"'

-   Isaac Goodman Judges I have Known (Cape Town:  Legal & Financial Publishing Co (Pty) Ltd 1969) 53.

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