DBH Construction (Edms) Bpk v JF Perreira h/a F P Carpenters (26860/09) [2009] ZAGPPHC 366 (3 December 2009)

DBH Construction (Edms) Bpk v JF Perreira h/a F P Carpenters (26860/09) [2009] ZAGPPHC 366 (3 December 2009)

The court found that the plaintiff had paid the defendant a total of R168,000 for roofing work at erf 245 Stone Ridge Estate, exceeding the contract price of R160,500. The defendant failed to complete the work and performed it defectively. Expert evidence established the value of completed work at R41,221.29 and remedial costs at R6,549.68. The defendant's explanations regarding payments and the transfer of the R50,000 deposit were rejected as unconvincing and contradicted by documentary and witness evidence. The defendant also failed to deliver proper VAT invoices, which he admitted in testimony. The court found the defendant's conduct in litigation to be dishonest and obstructive,...

Citation
[2009] ZAGPPHC 366
Parties
Plaintiff: DBH Construction (Edms) Bpk; Defendant: JF Perreira h/a F P Carpenters
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 December 2009
Case Number
26860/09
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment for the plaintiff with full relief granted.
Judges
W J van der Merwe
Legal Topics
Breach of Contract, Specific Performance, Damages Assessment, Vat Invoices, Costs Order
Commercial and Corporate Civil Procedure Breach of Contract Specific Performance Damages Assessment Vat Invoices Costs Order

Case Brief

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Parties

DBH Construction (Edms) Bpk

Plaintiff

JF Perreira h/a F P Carpenters

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the defendant breached the contract for roofing works at erf 245 Stone Ridge Estate.
  2. 2 Whether the plaintiff is entitled to payment of R125,738.39 and interest.
  3. 3 Whether the defendant must deliver VAT invoices for three properties.

Ratio Decidendi

The court found that the plaintiff had paid the defendant a total of R168,000 for roofing work at erf 245 Stone Ridge Estate, exceeding the contract price of R160,500. The defendant failed to complete the work and performed it defectively. Expert evidence established the value of completed work at R41,221.29 and remedial costs at R6,549.68. The defendant's explanations regarding payments and the transfer of the R50,000 deposit were rejected as unconvincing and contradicted by documentary and witness evidence. The defendant also failed to deliver proper VAT invoices, which he admitted in testimony. The court found the defendant's conduct in litigation to be dishonest and obstructive,...

Court Disposition

Judgment for the plaintiff with full relief granted.

Orders

  • The defendant must pay the plaintiff R125,738.39.
  • The defendant must pay interest on R125,738.39 at 15.5% per annum from 11 May 2009 until payment.