Van Embden and others vs Cap du Bonheur Pty Ltd and others (CS 324.2007) [2014] SCSC 184 (12 May 2014)

IN THE SUPREME COURT OF SEYCHELLES Civil Side: CS 324/2007 [2014] SCSC MARCO VAN EMBDEN 1st Plaintiff NEVILLE BRAUER 2nd Plaintiff versus CAP DU BONHEUR PTY LTD 1st Defendant ESTATE BROKERAGE INTERNATIONAL LIMITED 2nd Defendant GAETANNE ANTAT 3rd Defendant VANESSA PAYET 4th Defendant Counsel: Mr. Hoareau for plaintiffs Mr. Ally for 1st, 3rd and 4th defendants Delivered: 12 May 2014 JUDGMENT Acting Karunakaran J Upon consent of parties I hereby enter Judgment by Consent as follows :- [1] The agreement entered into by the parties and the subject matter of the suit is hereby rescinded. [2] The sum of USD250,000.00 plus all interest accrued thereon and held by the second defendant in escrow in its Barclays USD account no. 9613142 (the funds) which as of the 24th of April 2014 amounted to USD290,165.91 shall be apportioned by and between the plaintiffs and the first defendant as follows: (i) 75% of the funds to the plaintiffs and (ii) 25% of the funds to the first defendant [3] The second defendant is hereby authorized to release and transfer the funds to the plaintiffs and the first defendant as agreed by them in the preceding paragraph upon receipt of instructions and or the bank details of the said parties. To avoid any doubt the parties receiving it’s part of the funds shall bear all the bank charges for the transfer thereof to that party. [4] Each of that parties further agree and undertake that it will not institute any further or other proceeding whatsoever against each other in respect of the said agreement or any matter arising there from before any court in any jurisdictions say for the limited purpose of enforcing this judgment. [5] Each party will bear its own cost to these proceeding. [6] In consequence the parties agreed that this should be marked as fully and finally settled and closed. The Judgment by Consent is hereby entered accordingly. For the avoidance of doubt, I wish to confirm that the agreement dated the 12 th of May 2014 duly signed by the parties and their respective counsel mutatis mutandis forms part of this Judgment. The said agreement is marked as exhibit P1 and filed on record. Signed, dated and delivered at Ile du Port on 12 May 2014. D Karunakaran Acting Judge of the Supreme Court 3