Delays in house legalities

DISGRUNTLED homeowners will have to wait at least a month to fight for costs against a self-styled luxury home builder.

Cairns surgeon Dr Gamal Mousa and his wife Margaret sued Mark Vukobratich and his company for millions over their stalled multi-million dollar house, which remains unfinished four-and-a-half years after the contract was signed. The couple had engaged award-winning MV Designer Homes to design and build a luxury three-storey home at Brinsmead – with the contract signed in April 2014.

The matter has been adjourned until May 17, when parties can apply for costs in the Cairns Supreme Court.

In a recently published decision, Justice Jim Henry found that Vukobratich Enterprises Pty Ltd had breached warranty and repudiated with the Mousas.

“The nature and magnitude of the rectification work ... demonstrates the fundamental gravity of the company’s breaches,” Justice Henry found.

“The Mousas had been willingly paying the company, indeed so willingly that they paid more than necessary.”

However, Justice Henry also found that Mr Vukobratich was not negligent.

“The unfortunate reality for the Mousas is that they were well able to take steps to protect themselves financially from disappointed expectations,” Justice Henry stated.

He also dismissed the counterclaim by Mr Vukobratich against the Mousas for loss of profit. its contract

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