Frangandonis v E Gardner Development Projects CC (GCC/03/2019) [2019] ZACONAF 2 (5 March 2019)
- Citation
- [2019] ZACONAF 2
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Consumer Affairs Court
- Panel
- M A du Plessis, P Opperman, I Chiumya
- Case number
- GCC/03/2019
More details
- Court
- Consumer Affairs Court
- Panel
- M A du Plessis, P Opperman, I Chiumya
- Case number
- GCC/03/2019
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the parties had entered into a valid settlement agreement, signed on 5 March 2019, and both parties consented to its enforcement. There was no indication that the agreement was unlawful or contrary to public policy. Accordingly, the court exercised its discretion to make the settlement agreement an order of the Consumer Affairs Court for the Province of Gauteng.
Court disposition
The settlement agreement signed by the parties is made an order of the Consumer Affairs Court.
Orders
- The Settlement Agreement between the parties, signed at Johannesburg on 5 March 2019, is made an order of the Consumer Affairs Court for the Province of Gauteng.
02
Material facts
Parties
Alex Frangandonis
ApplicantE Gardner Development Projects CC
Respondent03
Procedural history
Posture
Urgent Application / Order Granted on Settlement
04
Questions and positions
Legal issues
Whether the settlement agreement between the parties should be made an order of court.
Party arguments
- Applicant
- The applicant requested that the signed settlement agreement be made an order of the Consumer Affairs Court to ensure enforceability.
- Respondent
- The respondent consented to the settlement agreement being made an order of court.
05
Court’s reasoning
Legal principles
- 01
Common law; no specific statute cited
A court may make a settlement agreement an order of court if both parties consent and the agreement is lawful.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the parties had entered into a valid settlement agreement, signed on 5 March 2019, and both parties consented to its enforcement. There was no indication that the agreement was unlawful or contrary to public policy. Accordingly, the court exercised its discretion to make the settlement agreement an order of the Consumer Affairs Court for the Province of Gauteng.
Court disposition
The settlement agreement signed by the parties is made an order of the Consumer Affairs Court.
- The Settlement Agreement between the parties, signed at Johannesburg on 5 March 2019, is made an order of the Consumer Affairs Court for the Province of Gauteng.
Source and reliance status
Consumer Affairs Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Consumer Affairs Court
Order
IN THE CONSUMER AFFAIRS
COURT FOR THE PROVINCE OF GAUTENG
HELD AT JOHANNESBURG
CASE No GCC/03/2019
In the matter between:
ALEX FRANGANDONIS
Applicant
and
E GARDNER DEVELOPMENT
PROJECTS CC
Respondent
(Reg No: 2008/092936/23)
JUDGEMENT
IT IS HEREBY ORDERED THAT:
The Settlement Agreement between the parties, signed at Johannesburg on 5 March 2019, attached hereto as Annexure "A", is made an order of the Consumer Affairs Court for the Province of Gauteng.
ORDERED as such at JOHANNESBURG on 5 March 2019.
Prof . M A du Plessis
CHAIRPERSON
MEMBERS P Opperman and I Chiumya concurred
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