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South Africa Case Law

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Civil Procedure [2013] ZAECPEHC 44

Platt v Platt (116/2011)

Platt v Platt (116/2011) [2013] ZAECPEHC 44 (17 September 2013)

The applicant failed to establish a prima facie right to the suspension of the execution of the order. The settlement agreement constitutes a contract, and any breach of warranty entitles the applicant to claim damages in contract, which is an adequate alternative remedy. The amount withheld by the applicant is arbitrary and not shown to represent actual damages. The applicant did not demonstrate irreparable harm, as he can recover any loss through contractual action, especially since the respondent owns immovable property within the court's jurisdiction. The balance of convenience favours th…

  • Stay Of Execution
  • Divorce Settlement
  • Contractual Warranty
  • Undisclosed Liabilities
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