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King curator in dark over Player loan

Cape Town – Dave King’s court case against golf icon Gary Player might soon place the tax maverick between a rock and a hard place again.

A reliable source told Fin24 on Wednesday that King should have disclosed any such claim to his curator before he made a deal with the South African Revenue Service (Sars) earlier this year.

King’s estate was never sequestrated. He and his companies were placed in curatorship in terms of Sec 163 of the Tax Administration Act. Cloete Murray was appointed as the curator in terms of the section.

The Scottish-born King had a disputed tax debt of some R2.75bn.

He is now claiming R33m from Player in the Grahamstown High Court.

He says it is the total amount due – including interest – on a loan of R6.1m he gave Player in July 1999.

King claims he had not called in the loan during the past 13 years because he knew Sars would immediately have seized it to offset his disputed tax debt.

Player denies owing anything to King. He admits having received the money from King, but claims in return, King could then travel with him to major international sports events, which he did.

“It has come to our client's attention that an interim order was obtained by Mr King against him, in his absence and without notice to him,” said Player’s lawyer, Rael Gootkin of Werksmans.

To confirm and found a South African court's jurisdiction over Player, King had Player’s shares and loan accounts in the Gary Player Stud Farm near Colesberg, attached by means of an intermin interdict.

According to Gootkin, King managed to obtain the interim interdict based on an allegation that Player is not resident in South Africa and that a South African court, therefore, has no jurisdiction over him.

“I hold instructions to vigorously oppose both the application and the action. Mr Player is very much a South African resident and is proudly South African,” said Gootkin.

“Our instructions are to prepare answering papers to deal with unfounded and unsubstantiated allegations made by Mr King.”

- Fin24


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