When assessing whether to summarily enforce a settlement agreement, the court should disaggregate the inquiry into: (a) whether defences to the validity or enforceability of the agreement have any real prospect of success; (b) whether specific performance is appropriate having regard to equitable principles; and (c) whether the court can be positively satisfied that justice can be done. Hardship to third parties connected with the vendor does not warrant refusing specific performance where the hardship arises from the third party's own commercial arrangements and the insolvency of their counterparty, rather than from the applicant's conduct or the terms of the settlement agreement. A period of inactivity of less than three months, following numerous failed attempts at settlement, does not constitute mutual abandonment of a settlement agreement.
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