Cohen v Zanzoul trading as Uniq Building Group (No 2) [2020] NSWSC 838

Cohen v Zanzoul trading as Uniq Building Group (No 2) [2020] NSWSC 838

None of the further matters raised by the defendant provide a basis to resolve remaining issues otherwise than in accordance with the Scott Schedule; plaintiffs are entitled to recover damages for defective and incomplete works as costed by experts and reflected in the schedule.

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
30 June 2020
Procedural Posture
Equity Technology and Construction List / Consequential Orders (other Than Costs)
Outcome
Matter stood over for directions; orders to be agreed by parties to finalise proceedings; conclusions in relation to Scott Schedule items adopted.
Legal Topics
Defects, Opportunity to Rectify Works, Mitigation of Loss, Incomplete Works, Use of Scott Schedule
Building and Construction Law Contract Law Defects Opportunity to Rectify Works Mitigation of Loss Incomplete Works Use of Scott Schedule

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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 / Consequential Orders (other Than Costs)

Legal Issues

  1. 1 Whether defendant had opportunity to rectify works
  2. 2 Whether plaintiffs failed to mitigate their loss
  3. 3 Entitlement to recover damages for defective works

Ratio Decidendi

None of the further matters raised by the defendant provide a basis to resolve remaining issues otherwise than in accordance with the Scott Schedule; plaintiffs are entitled to recover damages for defective and incomplete works as costed by experts and reflected in the schedule.

Court Disposition

Matter stood over for directions; orders to be agreed by parties to finalise proceedings; conclusions in relation to Scott Schedule items adopted.

Orders

  • Parties to confer and agree on orders to finalise proceedings.
  • Matter stood over for directions at 9.30 am on 7 August 2020.