Fernhill Properties (NI) Limited v Robert Scullion
| Jurisdiction | Northern Ireland |
| Judge | Deeny J |
| Judgment Date | 17 February 2014 |
| Neutral Citation | [2014] NICh 4 |
| Date | 17 February 2014 |
| Court | Chancery Division (Northern Ireland) |
| Year | 2014 |
1
Neutral Citation No. [2014] NICh 4 Ref: DEE8992
Judgment: approved by the Court for handing down Delivered: 17/02/2014
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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CHANCERY DIVISION
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2009 No. 121554
FERNHILL PROPERTIES (NI) LIMITED
Plaintiff;
-and-
ROBERT SCULLION
Defendant.
_______
DEENY J
[1] On 4 June 2007 the plaintiff and the defendant entered into a building
agreement and an agreement for a lease whereby the plaintiff agreed to build and
completely finish an apartment at College Court Central, 14-20 College Court and
54-62 King Street, Belfast for the defendant. The defendant’s apartment was to be a
two-bedroomed apartment on the sixth floor entitled 6D. The parties further agreed
that the defendant would receive a lease in consideration of the payment of the
agreed contract price of £203,000.
[2] The defendant had paid a booking deposit to the plaintiff’s agents, Halifax
Estate Agents of £500 on 23 April 2007 and, via his solicitors, Hastings and Company
of Ballymoney, paid the balance of a 10% deposit in the sum of £19,800 on 31 May
2007 i.e. actually before the contract was returned complete.
[3] The agreement between the parties appears to have been signed by the
defendant purchasers on 31 May 2007 and accepted by the plaintiff on 4 June. The
plaintiff is referred to as the builder in the agreement and Mr Scullion as the
employer. At paragraph 1 we find the duty of the builder to:
“build and completely finish in a good and
workmanlike manner for the employer upon the site
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