Benoit vs Interior and Construction Design (Pty) Ltd & another (CS 146.2012) [2013] SCSC 77 (24 October 2013)

The plaintiff unilaterally and unlawfully breached the building contract, leaving a balance of Rs.624,355 due to the first defendant, who is entitled to judgment for that sum with interest at the legal rate.

Citation: [2013] SCSC 77
Parties: Plaintiff: Michel Benoit; First Defendant: Interior and Construction Design (Pty) Ltd; Second Defendant: Sarah Sabadin
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 24 October 2013
Case Number: CS 146.2012
Procedural Posture: Civil / Judgment
Outcome: Plaintiff's claim dismissed; judgment for first defendant on counterclaim.
Legal Topics: Breach of Contract, Counterclaim, Construction Contracts
Source Language: English

Contract Law Breach of Contract Counterclaim Construction Contracts

Case Brief

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Parties

Michel Benoit

Plaintiff

Interior and Construction Design (Pty) Ltd

First Defendant

Sarah Sabadin

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the plaintiff breached the building contract
2 Whether the defendants are entitled to the counterclaim amount
3 Whether interest at commercial rate is payable

Ratio Decidendi

Court Disposition

Plaintiff's claim dismissed; judgment for first defendant on counterclaim.

Orders

Plaintiff's claim dismissed in entirety
Judgment for first defendant in sum of Rs.624,355 with interest at 4% per annum from date of plaint