J.R v L.R (078368/2024)
J.R v L.R (078368/2024) [2025] ZAGPPHC 99 (4 February 2025)
The applicant failed to establish a prima facie right to suspend execution of the accrual payment order. The settlement agreement was freely negotiated, signed, and made an order of court after proper legal representation. The applicant's challenge is based on alleged errors in accrual calculation, but he provided no recalculation or expert evidence and did not plead rectification in the pending action. The non-variation clause and relevant case law confirm the finality of the agreement. The applicant's offer to pay the disputed amount into trust negates any claim of irreparable harm. The bal…
Source excerpt
- Accrual Calculation
- Rectification Of Settlement
- Rule 45a Suspension
- Interim Interdict
- Non Variation Clause