The appellants appealed a decision finding that the parties had entered into a binding settlement agreement.
The appellants argued that no agreement was reached, that the respondent accepted their repudiation of the agreement, and that conflicting affidavit evidence required the trial of an issue.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the application judge's conclusion that a binding settlement was reached and that the respondent had not accepted the repudiation.
The court also held that the application judge did not err in failing to order the trial of an issue, as neither party had requested one.
