SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Ryan v Cheqrouni (No 2) |
Citation: | [2024] ACTSC 230 |
Hearing Date: | 15 July 2024 |
Decision Date: | 18 July 2024 |
Before: | Elkaim AJ |
Decision: | (1) Judgment for the plaintiffs against the defendant in the sum of $237,876.09. (2) The defendant is to pay the disbursements incurred by the plaintiffs in bringing and pursuing the proceedings. |
Catchwords: | CONTRACTS – DAMAGES – Implied terms – term of standard of work – claim for rectification and destroyed goods – claim for personal injury (mental distress) arising from breach of contract – whether damages for distress recoverable – assessment of losses caused by breach of contract – replacement value based on new or used value – pragmatic approach to assessment |
Legislation Cited: | Building Act 2004 (ACT) s 88 |
Cases Cited: | Baltic Shipping Co v Dillon (1993) 176 CLR 344 |
Texts Cited: | Nicholas C Seddon and Rick A Bigwood, Cheshire and Fifoot Law of Contract, (LexisNexis, 12th ed, 2023) |
Parties: | Mark Ryan ( First Plaintiff) Mary Southorn ( Second Plaintiff) Mostafa Cheqrouni t/as A and Z Floor Sanding and Cleaning ( Defendant) |
Representation: | Counsel Self-represented ( First Plaintiff) Self-represented ( Second Plaintiff) No appearance ( Defendant) |
| Solicitors Self-represented ( First Plaintiff) Self-represented ( Second Plaintiff) No appearance (Defendant) | |
File Number: | SC 365 of 2023 |
ELKAIM AJ:
The plaintiffs have sued the defendant for damages arising from breach of contract. The most recent pleading is a fourth amended statement of claim filed on 15 April 2024. The defendant has never taken any part in the proceedings, but I am satisfied has been served with all relevant documents and material and had been made aware of the hearing date. The defendant did not appear at the hearing.
The plaintiffs were self-represented. They did not wish to make any submissions on the law. It would not be an understatement to summarise their approach to any legal issues as: “we have no idea”.
Background
The evidence before the court was mostly contained in affidavits of the plaintiffs. In addition, there is a medical report from a Mr Sutton (Exhibit D) and an expert report from a Mr Martin (Exhibit E). The first plaintiff gave oral evidence that the allegations of fact in the above pleading are correct. The underlying ‘story’ is also contained in his affidavit sworn on 9 November 2020 (included in Exhibit A).
The plaintiffs were in a de facto relationship. In 2014 they owned a number of properties between them including a residence in the ACT suburb of Griffiths (the first premises). The first plaintiff was the registered owner of the first premises.
The contents of the first premises were regarded by both plaintiffs as their joint assets.
The floorcoverings included carpet and cork tiles.…
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- AGLC
- Ryan v Cheqrouni (No 2) [2024] ACTSC 230
- Case
- [2024] ACTSC 230
- Decision Date
CaseChat Overview and Summary
The court considered the terms implied by law into the contract, particularly focusing on the standard of work and quality of goods to be delivered. It held that the plaintiffs were entitled to damages for the breach of contract, including the replacement value of the destroyed goods and compensation for mental distress. The court adopted a pragmatic approach in assessing the replacement value, finding that it should be based on the value of new goods rather than used goods. The court found that the defendant's breach caused significant financial loss and mental distress to the plaintiffs, justifying the award of damages.
The court awarded judgment in favour of the plaintiffs, ordering the defendant to pay $237,876.09 in damages, along with the costs of the proceedings. The court's decision provided clarity on the recoverable damages for mental distress in breach of contract cases and the appropriate method for assessing losses in such disputes.
Orders
Orders of the court
(1) Judgment for the plaintiffs against the defendant in the sum of $237,876.09.
(2) The defendant is to pay the disbursements incurred by the plaintiffs in bringing and pursuing the proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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