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South Africa decisions
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Bagport (Pty) Ltd v South African Express Airways Soc Ltd (44591/2016) [2018] ZAGPJHC 127 (9 May 2018)
The High Court upheld a settlement agreement and made it an order of court, rejecting challenges based on internal company procedure, authority, and the PFMA.
Greenhouse Funding (Pty) Ltd v Willemse and Another (71399/2011) [2014] ZAGPPHC 486 (12 March 2014)
The court found that the applicant had issued a proper section 129 notice, which was received by the respondent as it was attached to the summons and followed by the respondent's intention to defend and subsequent settlement agreement. The respondent's denial of receipt was not substantiated, and his conduct indicated receipt and engagement with the notice. The court further held that the applicant was entitled to enforce the settlement agreement and seek judgment for outstanding obligations under Rule 41(4), regardless of whether the agreement had been made an order of court. Accordingly, th…
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Vermaak v Road Accident Fund (3491/2009) [2011] ZANWHC 69 (7 November 2011)
The court held that a signed draft order was a settlement agreement under Rule 41, not a Rule 34 offer to settle, and made it an order of court.
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