Walsh v FLB Builders (PTY) LTD (CS 69 /2019) [2019] SCSC 1147 (3 February 2019)

Walsh v FLB Builders (PTY) LTD (CS 69 /2019) [2019] SCSC 1147 (3 February 2019)

The parties agreed to a full and final settlement whereby the defendant would refund the plaintiff the outstanding balance on the contract sum less expenses, and the plaintiff would withdraw all other claims, resulting in a judgment by consent.

Source-derived case information.

Citation
[2019] SCSC 1147
Parties
Plaintiff: Michelle Walsh; Defendant: FLB Builders (Pty) Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
3 February 2019
Case Number
CS 69 /2019
Procedural Posture
Civil Suit / Judgment by Consent
Outcome
Judgment by consent entered as judgment of the court in full and final settlement of all claims.
Legal Topics
Breach of Building Contract, Settlement, Refund of Contract Sum
Source Language
english
Contract Law Breach of Building Contract Settlement Refund of Contract Sum

Source-derived case record

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Parties

Michelle Walsh

Plaintiff

FLB Builders (Pty) Ltd

Defendant

Procedural Posture

Civil Suit / Judgment by Consent

Legal Issues

  1. 1 Whether the defendant is liable to refund the outstanding balance on the advanced contract sum to the plaintiff
  2. 2 Whether the plaintiff is entitled to damages, valuation expenses, and legal fees

Ratio Decidendi

The parties agreed to a full and final settlement whereby the defendant would refund the plaintiff the outstanding balance on the contract sum less expenses, and the plaintiff would withdraw all other claims, resulting in a judgment by consent.

Court Disposition

Judgment by consent entered as judgment of the court in full and final settlement of all claims.

Orders

  • Defendant to pay plaintiff SCR 975,000 in two instalments: SCR 487,500 by 15 March 2019 and SCR 487,500 by 1 July 2019
  • Plaintiff to withdraw the case and abandon claims for damages, valuation expenses, and legal fees