We purchased a site a number of years ago and at the insistence of the developer paid an amount in cash. We initially refused but the developer insisted he would not sell us the site without a cash payment. It was not "cash" in the true sense (undisclosed funds) it was money earned after tax and was withdrawn from our bank account. The developer was contracted to install the services but failed to do so. We took a case against him and after nearly 30 court appearances where the case was "listed for mention" the services were eventually installed. However we are now seeking reimbursement of our expenses owing to the delays encountered by his failure to install the services - his legal team are now arguing that because of our payment of cash, the contract is illegal and the case should be thrown out. Incidentally we made a full disclosure to the Revenue some time ago and paid the increase in stamp duty - there were no fines or penalties imposed.
Will the case definately be struck out or is it at the judges discretion?
Is there any argument we can make which may keep the case open?
Will the case definately be struck out or is it at the judges discretion?
Is there any argument we can make which may keep the case open?