Attempt to sue builder in limbo

THE future of a multi-milliondollar claim against a Cairns building company remains uncertain after the Supreme Court heard the state of its assets.

Gaamal and Margaret Mousa filed a suit against Mark Vukobratich and Vukobratich Enterprises Pty Ltd last year over a project at 16 The Peak Rd, Brinsmead. The builder denies the claims.

The matter is due for trial in October but Cairns Supreme Court yesterday heard Mr Vukobratich’s solicitors were likely to withdraw from the case.

“We are currently without instruction. My firm is going to give notice of our leave to withdraw as solicitors,” Michael Laycock said.

Vukobratich Enterprises Pty Ltd went into voluntary liquidation on August 2.

Solicitor for the liquidators, Tim McGrath, told the court the company had defaulted on 20 residential building contracts.

“The assets of the company are limited to a modest bank account,” Mr McGrath said.

Mr and Mrs Mousa allege the work carried out by Vukobratich Enterprises Pty Ltd was “defective in manner” and “below the reasonable standard of expectation of quality of work and level of finishes ordinarily associated with a prestige high-end dwelling.”

Mr Vukobratich has filed a counter claim, stating “the plaintiffs have no right to damages for breach of the building contract.”

Justice James Henry questioned whether the trial should proceed.

“If there is no money then it is a waste of the court’s time hearing the action,” Justice Henry said. “I am presented with one defendant who is in liquidation and another whose lawyers are ready to pull out.

“They (claimants) can’t get around litigation putting their heads in the sand.

“I’m not going to let someone get away with behaviour like that.”

Christopher Taylor, for Mr and Mrs Mousa, argued that the trial would address the issue of the contract between the parties.

“If the counter claim succeeds there is more money in the coffer of the creditors,” he said.

“The benefits of it proceeding outweighs that of it going into abeyance.”

The matter was adjourned for review on September 9.

I AM PRESENTED WITH ONE DEFENDANT WHO IS IN LIQUIDATION AND ANOTHER WHOSE LAWYERS ARE READY TO PULL OUT.

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