The applicant vendor brought an application under Rule 14.05(3) to enforce a settlement agreement reached with the respondent purchasers after an aborted real estate transaction.
The respondents argued they lacked funds to pay and that the applicant sold the property at an improvident price.
The court found it had jurisdiction under Rule 14 as there were no material facts in dispute regarding the existence of the settlement.
The court held that a binding settlement was reached and ordered the respondents to pay the agreed $50,000 balance in installments, plus legal fees and costs.
