Dream to nightmare
Couple sue in dispute over luxury home
A COUPLE’S dream home at Brinsmead has become a legal nightmare – a house they expected to pay $2.1 million for may end up costing closer to $5 million.
Cairns surgeon Dr Gamal Mousa and his wife Margaret are suing the builder and his company for millions over the stalled project, which remains unfinished four-and-a-half years after the contract was signed. The couple had engaged award-winning Mark Vukobratich, of MV Designer Homes, to design and build a luxury three-storey home at 16 The Peak Road – with the contract signed in April 2014.
By December 2015 relations between the homeowners and builder had broken down. The contract was terminated, after the couple had already paid out about $1.8 million, and there is dispute over who ended the contract.
“In essence this is a defective work case,” barrister Christopher Taylor, for Dr and Mrs Mousa, said.
The couple has alleged that after the contract was ended they found out there were “substantial and serious defects” in the building, which will cost about $1.57 million to fix.
Mr Taylor told the Cairns Supreme Court yesterday that they also learned they would have to pay another $1.45 million for the home to be finished.
He said for Dr Mousa it was a “nightmare that he and his wife can’t wake up from”.
They want $2.5 million in damages against Mr Vukobratich for the breach of contract and $1.8 million in damages against Vukobratich Enterprises for negligence.
Mr Taylor said alternatively they are seeking $1.57 million against each defendant for breach of statutory warranty and as the estimated cost to fix any defective work respectively.
Mr Vukobratich denies the claim in its entirety and has lodged a $370,000 counter claim against the couple.
The hearing is expected to go into next week.