Buron v Monthy (CS 30/2008) [2013] SCSC 15 (25 February 2013)

Buron v Monthy (CS 30/2008) [2013] SCSC 15 (25 February 2013)

Monthy breached the building contract by failing to complete the works within a reasonable time and abandoning the site after receiving full payment. Buron is entitled to recover the value of uncompleted works and additional costs to complete the house. Claims for loss of rent and against Moustache were not established. Monthy's counterclaims were dismissed for lack of merit.

Citation
[2013] SCSC 15
Parties
Plaintiff in CS 30/08, Defendant in CS 278/07: Alex Buron; 1st Defendant in CS 30/08, Plaintiff in CS 278/07: Berard Monthy (Unicorn Construction); 2nd Defendant in CS 30/08: Patrick Moustache
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
25 February 2013
Case Number
CS 30/2008
Procedural Posture
Civil / Judgment After Consolidated Trial
Outcome
Judgment for Buron against Monthy; claims against Moustache dismissed; Monthy's claims dismissed
Legal Topics
Breach of Contract, Building Contracts, Damages, Specific Performance
Source Language
English
Contract Law Construction Law Breach of Contract Building Contracts Damages Specific Performance

Case Brief

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Parties

Alex Buron

Plaintiff in CS 30/08, Defendant in CS 278/07

Berard Monthy (Unicorn Construction)

1st Defendant in CS 30/08, Plaintiff in CS 278/07

Patrick Moustache

2nd Defendant in CS 30/08

Procedural Posture

Civil / Judgment After Consolidated Trial

Legal Issues

  1. 1 Whether Monthy breached the building contract with Buron by failing to complete the house on time and abandoning the site
  2. 2 Whether Buron was entitled to damages for works not completed and for moral damages
  3. 3 Whether Moustache was liable for alleged failure to supervise works

Ratio Decidendi

Monthy breached the building contract by failing to complete the works within a reasonable time and abandoning the site after receiving full payment. Buron is entitled to recover the value of uncompleted works and additional costs to complete the house. Claims for loss of rent and against Moustache were not established. Monthy's counterclaims were dismissed for lack of merit.

Court Disposition

Judgment for Buron against Monthy; claims against Moustache dismissed; Monthy's claims dismissed

Orders

  • Monthy to pay Buron SR801,295.00
  • Monthy to pay Buron SR50,000.00 as moral damages