Orange Riet Water Users Association (Pty) Ltd v PAWUSA obo Moolman (J633/2015)
Orange Riet Water Users Association (Pty) Ltd v PAWUSA obo Moolman (J633/2015) [2016] ZALCJHB 84 (25 February 2016)
The court found that the settlement agreement signed by Moolman, after the arbitration award was issued, constituted a compromise of his claim and superseded the award. Moolman had the opportunity to negotiate and understand the terms of the agreement, and his representative was duly mandated to act on his behalf. The agreement was not conditional upon Moolman being declared medically unfit, as no such provision was included in the written terms. Moolman could not unilaterally resile from the agreement after signing it, nor could he enforce the award while retaining benefits from the settleme…
Source excerpt
- Settlement Agreement
- Arbitration Award Enforcement
- Compromise Of Claim
- Writ Of Execution
- Mandate Of Union Representative