Cohen v Zanzoul trading as Uniq Building Group (No 3) [2020] NSWSC 1156

Cohen v Zanzoul trading as Uniq Building Group (No 3) [2020] NSWSC 1156

Cleaning costs claim was refused as it was raised too late and not in the Scott Schedule; interest is awarded to both parties on their respective judgments from specified dates; set off is allowed but after calculation of interest; Mr and Mrs Cohen are awarded 60% of their costs due to certain deductions relating to specific issues, and Mr Zanzoul is awarded costs on his cross-claim.

Parties
First Plaintiff/cross Defendant: Paul Cohen; Second Plaintiff/cross Defendant: Phylicia Cohen; Defendant/cross Claimant: Danny Zanzoul t/as Uniq Building Group
Jurisdiction
Australia
Judgment Date
28 August 2020
Procedural Posture
Equity Technology and Construction List / Judgment on Interest and Costs Following Primary Judgment
Outcome
Judgment for both parties on their respective claims, interest awarded, set off to be determined post-interest calculation, costs apportioned as set out.
Legal Topics
Form of Judgment Orders, Interest on Judgments, Costs, Set Off Between Claims
Equity Construction Law Form of Judgment Orders Interest on Judgments Costs Set Off Between Claims

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Parties

Paul Cohen

First Plaintiff/cross Defendant

Phylicia Cohen

Second Plaintiff/cross Defendant

Danny Zanzoul t/as Uniq Building Group

Defendant/cross Claimant

Procedural Posture

Equity Technology and Construction List / Judgment on Interest and Costs Following Primary Judgment

Legal Issues

  1. 1 Whether plaintiffs entitled to payment for cleaning costs
  2. 2 Entitlement to interest on judgment amounts for both parties
  3. 3 Appropriateness of set off between claims

Ratio Decidendi

Cleaning costs claim was refused as it was raised too late and not in the Scott Schedule; interest is awarded to both parties on their respective judgments from specified dates; set off is allowed but after calculation of interest; Mr and Mrs Cohen are awarded 60% of their costs due to certain deductions relating to specific issues, and Mr Zanzoul is awarded costs on his cross-claim.

Court Disposition

Judgment for both parties on their respective claims, interest awarded, set off to be determined post-interest calculation, costs apportioned as set out.

Orders

  • Judgment for Mr and Mrs Cohen against Mr Zanzoul in the agreed amount less cross-claim, with interest from 1 September 2018.
  • Judgment for Mr Zanzoul against Mr and Mrs Cohen on the cross-claim with interest from 2 December 2015.