Philip Rath Construction v ICANDO Ocean Centre (CS 376/2008) [2017] SCSC 924 (18 September 2017)

Philip Rath Construction v ICANDO Ocean Centre (CS 376/2008) [2017] SCSC 924 (18 September 2017)

Both parties breached the contract: the Plaintiff failed to complete the works on time and some works were defective; the Defendant failed to make stage payments as agreed due to its representative's absence. The Plaintiff is entitled to payment for completed and additional works, adjusted for non-completion and delay, while the Defendant is entitled to set-off for costs incurred to complete the works and for moral prejudice. The net sum is awarded to the Plaintiff.

Citation
[2017] SCSC 924
Parties
Plaintiff: Philip Rath Construction; Defendant: ICANDO Ocean Centre
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
18 September 2017
Case Number
CS 376/2008
Procedural Posture
Civil / Judgment
Outcome
Judgment for Plaintiff (with set-off for Defendant's counterclaim)
Legal Topics
Breach of Contract, Damages, Performance of Construction Contracts, Counterclaim, Remedies
Source Language
English
Contract Law Construction Law Breach of Contract Damages Performance of Construction Contracts Counterclaim Remedies

Case Brief

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Parties

Philip Rath Construction

Plaintiff

ICANDO Ocean Centre

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether an agreement was concluded between the parties
  2. 2 Whether the agreement was breached by either party
  3. 3 What remedies are available for the breaches

Ratio Decidendi

Both parties breached the contract: the Plaintiff failed to complete the works on time and some works were defective; the Defendant failed to make stage payments as agreed due to its representative's absence. The Plaintiff is entitled to payment for completed and additional works, adjusted for non-completion and delay, while the Defendant is entitled to set-off for costs incurred to complete the works and for moral prejudice. The net sum is awarded to the Plaintiff.

Court Disposition

Judgment for Plaintiff (with set-off for Defendant's counterclaim)

Orders

  • Defendant to pay Plaintiff SR111,200.40 and USD2430 at the rate of SR13 per USD, together with interest.
  • No order as to costs.