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Court of Appeal dismisses appeal from High Court and affirms refusal of attachment and committal order where undertakings were given by the plaintiff to the defendant and contained in the written terms of settlement received, filed and annexed to a court order, finding that they remained inter partes undertakings, and do not therefore give rise to an application for attachment and committal.
Attachment and committal – appeal of High Court refusal of attachment and committal order – whether the undertakings given by the plaintiff to the defendant, by having been contained in the written terms of settlement received and filed and annexed to the court’s order, have become undertakings to the court itself, such that a breach of same might give rise to an application for attachment and committal – trial judge did not err either in relation to such findings of fact as she made, or as to the law – undertakings remained undertakings inter partes – appeal dismissed.
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