Cohen v Zanzoul trading as Uniq Building Group (No 2) [2020] NSWSC 838

Supreme Court New South Wales

Medium Neutral Citation: Cohen v Zanzoul trading as Uniq Building Group (No 2) [2020] NSWSC 838 Hearing dates: 4, 5, 6, 7, 8, 11 & 29 May, 26 June 2020. Written submissions 29 May, 22, 24 & 26 June 2020. Date of orders: 30 June 2020 Decision date: 30 June 2020 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Decisions made concerning the disputed items as per Scott Schedule. Catchwords: BUILDING AND CONSTRUCTION – contract – defects – whether defendant had opportunity to rectify works – whether plaintiffs failed to mitigate their loss BUILDING AND CONSTRUCTION – consideration of incomplete works and defective works – use of Scott Schedule Cases Cited: Bellgrove v Eldridge (1954) 90 CLR 613; [1954] HCA 36 Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWSC 1302 Cohen v Zanzoul [2020] NSWSC 592 Ellis's Townhouse Pty Ltd v Botan Pty Ltd [2017] NSWCA 20 Tabcorp Holdings Ltd v Bowen Investments (2009) 236 CLR 272; [2009] HCA 8 The Owners – Strata Plan No 76674 v Di Blasio Constructions Pty Ltd [2014] NSWSC 1067 Category: Consequential orders (other than Costs) Parties: Paul Cohen (First Plaintiff/Cross-Defendant) Phylicia Cohen (Second Plaintiff/Cross-Defendant) Danny Zanzoul t/as Uniq Building Group (Defendant/Cross-Claimant) Representation: Counsel: Mr T T Bors (Plaintiffs/Cross-Defendants) Mr J Young with Ms R Thrift (Defendant/Cross-Claimant)