F & D Structural Consultants v City Centre Development Co Pty Ltd (CS 267/1998) [2001] SCSC 13 (4 June 2001)

F & D Structural Consultants v City Centre Development Co Pty Ltd (CS 267/1998) [2001] SCSC 13 (4 June 2001)

The defendant unlawfully and unilaterally terminated the contract without legal justification, making them liable for the contractual percentage fee and moral damages. The plaintiff was entitled to 2% of the final contract sum less amounts already paid, and to moral damages for humiliation and stress caused by the termination.

Citation
[2001] SCSC 13
Parties
Plaintiff: F & D Structural Consultants; Defendant: City Centre Development Co Pty Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
4 June 2001
Case Number
CS 267/1998
Procedural Posture
Civil / Judgment at First Instance
Outcome
Judgment for the plaintiff
Legal Topics
Breach of Contract, Architect/engineer Fees, Damages, Termination of Contract
Source Language
English
Contract Law Professional Services Breach of Contract Architect/engineer Fees Damages Termination of Contract

Case Brief

Summary, issues, holding and outcome

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Parties

F & D Structural Consultants

Plaintiff

City Centre Development Co Pty Ltd

Defendant

Procedural Posture

Civil / Judgment at First Instance

Legal Issues

  1. 1 Whether the defendant unlawfully and unilaterally terminated the contract with the plaintiff
  2. 2 Whether the plaintiff is entitled to the contractual percentage fee and moral damages

Ratio Decidendi

The defendant unlawfully and unilaterally terminated the contract without legal justification, making them liable for the contractual percentage fee and moral damages. The plaintiff was entitled to 2% of the final contract sum less amounts already paid, and to moral damages for humiliation and stress caused by the termination.

Court Disposition

Judgment for the plaintiff

Orders

  • Plaintiff awarded R492,600 together with interest and costs