Hoareau v Trust for Construction (CA 27/2019) [2021] SCSC 1073 (5 December 2021)
The appeal was dismissed because the appellant failed to prove his counterclaim and allegations of defective or uncompleted works, and the Magistrate correctly applied contract law principles and assessed evidence within the pleadings.
- Citation
- [2021] SCSC 1073
- Parties
- Appellant: Bertie Hoareau; Respondent: Trust for Construction (Pty) Ltd
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 5 December 2021
- Case Number
- CA 27/2019
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Breach of Contract, Damages, Counterclaim, Burden of Proof, Remedial Works, Implied Warranty
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Bertie Hoareau
Appellant
Trust for Construction (Pty) Ltd
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the trial Magistrate erred in assessment of commencement and completion dates under the contract
- 2 Whether the Magistrate erred in finding that certain works were carried out for the benefit of the appellant
- 3 Whether the Magistrate erred in exonerating the respondent for delay and attributing fault
Ratio Decidendi
The appeal was dismissed because the appellant failed to prove his counterclaim and allegations of defective or uncompleted works, and the Magistrate correctly applied contract law principles and assessed evidence within the pleadings.
Court Disposition
appeal dismissed
Orders
- Judgment of Magistrate upheld
- Costs awarded to respondent
Full Case Text
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