Ocon Settlement Agreement

The applicant accepts a repayment plan for the calculation of affordability or that plan is consistent with the repayment plan proposed by the applicant – the court shall ask the applicant whether it is seeking a judgment or instead proposing a settlement agreement 7.40 (1) This subsection applies where the applicant accepts partial authorization for full payment of the claim, where the defendant has offered to pay the authorized amount, that it be received within five days from the date of partial admission. (9) The 28-day stay of proceedings shall end without the applicant informing the Tribunal that an agreement has been reached – (c). the claim is not claimed under the Consumer Credit Act 1974 unless it is applied in accordance with section 141 of this Act to enforce a “regulated agreement” (as defined) that relates only to money; The Court reviewed the divergent decisions of the Supreme Court in this regard in order to conclude that, in cases where the dispute has not yet begun, a settlement agreement cannot be entered into as a court order. This issue was first examined by Van der Byl AJ in Growthpoint Properties Ltd v Makhonyana Technologies (Pty) Ltd and other NGHC cases No 67029/2011 (12 February 2013). In that judgment, the court explained that there was a dispute between the parties at one stage, although before a dispute had begun between them, over the amount to be paid for the subsequent rent.

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