HDK Ltd (t/a Unique Home) v Sunshine Ventures Ltd & Ors

Both Miss Thakar/Sunshine and Mr. Kurdieh wrongfully repudiated their respective contracts; neither party proved entitlement to damages or further payment. The contracts were not lawfully terminated for repudiatory breach, and the claims for damages for incomplete or defective works fail as the contracts were wrongfully determined. Mr. Kurdieh failed to prove entitlement to further payment beyond sums already received.

Parties: Claimant: HDK Limited trading as Unique Home; Defendant: Sunshine Ventures Limited; Defendant: Rashmi Thakar; Third Party: Hussein Kurdieh
Jurisdiction: England and Wales
Judgment Date: 23 November 2009
Procedural Posture: Civil (building Contract Dispute) / Judgment After Trial
Outcome: All claims dismissed
Legal Topics: Repudiation of Contract, Damages for Defective Works, Termination of Building Contracts, Implied Terms in Contracts, Mitigation of Loss

Contract Law Construction Law Repudiation of Contract Damages for Defective Works Termination of Building Contracts Implied Terms in Contracts Mitigation of Loss

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 10

Parties

HDK Limited trading as Unique Home

Claimant

Sunshine Ventures Limited

Defendant

Rashmi Thakar

Defendant

Hussein Kurdieh

Third Party

Procedural Posture

Civil (building Contract Dispute) / Judgment After Trial

Legal Issues

1 Whether the contracts between the parties were lawfully terminated
2 Whether there was repudiatory breach by either party
3 Entitlement to damages for incomplete or defective works

Ratio Decidendi

Court Disposition

All claims dismissed

Orders

Claims of Miss Thakar and Sunshine Ventures against Mr. Kurdieh dismissed
Claims of Mr. Kurdieh against Miss Thakar and Sunshine Ventures dismissed