Vadivello & Anor v Dynamic Proprietary Ltd & Anor (CS 02/2019) [2020] SCSC 453 (18 February 2020)

Vadivello & Anor v Dynamic Proprietary Ltd & Anor (CS 02/2019) [2020] SCSC 453 (18 February 2020)

The written contract, though poorly drafted, clearly stated both parties would share equal liability for profit and loss of the event. Plaintiffs proved expenditure of SR183,400, and were entitled to half of the loss (SR91,700). Based on lowest attendance estimate, each party was due SR200,000 from ticket sales; thus, Plaintiff entitled to SR200,000 minus SR91,700, totaling SR108,300. Claims for moral damages were not proven.

Citation
[2020] SCSC 453
Parties
Plaintiff: Daniel Vadivello; Plaintiff: Lidianne Agathine; Defendant: Dynamics (Proprietary) Ltd; Defendant: Gregory Albert
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
18 February 2020
Case Number
CS 02/2019
Procedural Posture
Civil Suit / Judgment
Outcome
Judgment for Plaintiffs in part
Legal Topics
Interpretation of Contracts, Breach of Contract, Damages, Intention of Parties
Source Language
English
Contract Law Interpretation of Contracts Breach of Contract Damages Intention of Parties

Case Brief

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Parties

Daniel Vadivello

Plaintiff

Lidianne Agathine

Plaintiff

Dynamics (Proprietary) Ltd

Defendant

Gregory Albert

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 What were the terms of the agreement?
  2. 2 Were the terms of the agreement breached?
  3. 3 If so, should compensation be paid and in what amount?

Ratio Decidendi

The written contract, though poorly drafted, clearly stated both parties would share equal liability for profit and loss of the event. Plaintiffs proved expenditure of SR183,400, and were entitled to half of the loss (SR91,700). Based on lowest attendance estimate, each party was due SR200,000 from ticket sales; thus, Plaintiff entitled to SR200,000 minus SR91,700, totaling SR108,300. Claims for moral damages were not proven.

Court Disposition

Judgment for Plaintiffs in part

Orders

  • Defendants to pay Plaintiffs SR 108,300 with costs