The appellant sold immovable property to the respondent for R7.5 million under a written agreement concluded on 2 June 2009. A non‑refundable deposit of R2 million was payable, of which R1.25 million had already been paid by a third party on behalf of the respondent. The remaining R750 000 was due on 12 June 2009 but was not paid on time due to an alleged administrative oversight. In October and November 2009 the respondent tendered payment of the outstanding amount by cheque drawn by another company, which the appellant refused to accept, asserting that the agreement had been cancelled. The appellant alleged cancellation in terms of the breach clause (clause 14), relying on a registered letter sent in December 2009. The respondent disputed the validity of the cancellation and applied to the High Court for a declaratory order that the agreement remained valid and binding. The appellant attempted to file further affidavits without leave of the court.