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

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

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.

Citation
[2019] ZACONAF 2
Parties
Applicant: Alex Frangandonis; Respondent: E Gardner Development Projects CC
Court
Consumer Affairs Court
Jurisdiction
South Africa
Judgment Date
5 March 2019
Case Number
GCC/03/2019
Procedural Posture
Urgent Application / Order Granted on Settlement
Outcome
The settlement agreement signed by the parties is made an order of the Consumer Affairs Court.
Judges
M A du Plessis, P Opperman, I Chiumya
Legal Topics
Settlement Agreement, Enforcement of Settlement
Commercial and Corporate Settlement Agreement Enforcement of Settlement

Case Brief

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Parties

Alex Frangandonis

Applicant

E Gardner Development Projects CC

Respondent

Procedural Posture

Urgent Application / Order Granted on Settlement

Legal Issues

  1. 1 Whether the settlement agreement between the parties should be made an order of court.

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.

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.