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South Africa Order

Consumer Affairs Court

Frangandonis v E Gardner Development Projects CC (GCC/03/2019) [2019] ZACONAF 2 (5 March 2019)

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Professional case brief

Research organized from the available case record

Source document

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

Applicant

E Gardner Development Projects CC

Respondent

03

Procedural history

  1. 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

  1. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

Consumer Affairs Court

Order

[2019] ZACONAF 2

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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