A prominent Far North businessman and his wife have failed through the High Court to claim more than $70,000 from a cabinet maker for an unfinished new kitchen in their home.
Kenneth and Phyllis Rintoul entered into a verbal agreement with cabinet maker Roger Harding in late 2014 to build and install a kitchen, with the Rintouls to supply the finishing timber.
Mr Harding agreed to do the work at $45 per hour, progress payments were required, materials beyond those supplied by the Rintouls were an additional cost, and there was no fixed completion date.
The project took longer than expected, partly because of unfavourable weather and Mr Harding's other work.
The couple cancelled the contract on November 5, 2015, and issued proceedings in the District Court claiming $45,000 general damages, $25,000 special damages, interest and costs.
Mr Harding counterclaimed for $9728, the sum owed on an unpaid invoice.
Judge John McDonald dismissed the Rintouls' appeal and upheld Mr Harding's counterclaim.
The Rintouls then filed an appeal in the High Court, which agreed with Judge McDonald's ruling that Mr Harding did not indicate he was not going to complete his side of the bargain.
The Rintouls paid him a total of $21,000 in instalments by the end of April 2015, when they became anxious about the project. A further $5803 was paid in June that year.
Both parties exchanged a series of emails about progress and the likely completion time.
In September, Mr Harding sent an invoice for $9728 but Mrs Rintoul said they would not pay given the delay.
In an email to her, he agreed to complete the project before Christmas 2015, provided the outstanding amount was paid. The Rintouls cancelled the contract on November 5.
Justice Mathew Downs said details was not settled before work started, design changes were made as the project progressed, and cabinetry was constructed and installed piecemeal.
"Mr and Mrs Rintoul wanted Mr Harding to construct and install their new kitchen because of his idiosyncratic approach. Mr Harding was undoubtedly slow. But the Rintouls must have known that," he ruled.
Mr Harding is entitled to costs.