Parkash v Petovar-Didon (CC 06/2018) [2020] SCSC 477 (26 March 2020)

Parkash v Petovar-Didon (CC 06/2018) [2020] SCSC 477 (26 March 2020)

The Defendant terminated the contract without adequate notice and failed to pay the Plaintiff for completed works. The penalty clause was not triggered as the Defendant did not prove unjustifiable delay, and extra works contributed to delays. The Plaintiff is entitled to payment for the value of works completed, calculated as the average of the parties' quantity surveyors' valuations, less amounts already paid.

Citation
[2020] SCSC 477
Parties
Plaintiff: Chander Parkash; Defendant: Marthe Petovar-Didon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 March 2020
Case Number
CC 06/2018
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim partially allowed; Defendant's counterclaim dismissed.
Legal Topics
Breach of Contract, Building Contracts, Quantum Meruit, Penalty Clauses, Pleadings and Evidence
Source Language
English
Contract Law Civil Procedure Breach of Contract Building Contracts Quantum Meruit Penalty Clauses Pleadings and Evidence

Case Brief

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Parties

Chander Parkash

Plaintiff

Marthe Petovar-Didon

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether there was a breach of the building contract by either the Plaintiff or the Defendant
  2. 2 What is the quantum owed to either the Plaintiff or the Defendant under their respective claims

Ratio Decidendi

The Defendant terminated the contract without adequate notice and failed to pay the Plaintiff for completed works. The penalty clause was not triggered as the Defendant did not prove unjustifiable delay, and extra works contributed to delays. The Plaintiff is entitled to payment for the value of works completed, calculated as the average of the parties' quantity surveyors' valuations, less amounts already paid.

Court Disposition

Plaintiff's claim partially allowed; Defendant's counterclaim dismissed.

Orders

  • Defendant to pay Plaintiff SR225,538.80 with interest from the date of judgment and costs.