A COURT case brought by a York couple who were suing the builders of a luxury flats development in the city has been settled.

Taylor Woodrow chiefs revealed that Roger and Linda Bailey have accepted an offer, estimated to be a six-figure sum, after the couple sued the company over alleged problems in their penthouse apartment at Westgate.

Judge Langan QC heard the couple's case in April at the High Court in Leeds, following a row involving the £20 million apartment complex.

The Baileys, of St Deny's Court, York, agreed to buy a top-selling flat at the Leeman Road apartment block, and then pulled out of the £465,000 deal.

Their claim against the building company was for breach of contract, because they said Taylor Woodrow had failed to finish building works in a reasonable time.

They also wanted damages for loss of use, cost of furniture storage and loss of bargain - the amount the couple could theoretically have gained in profit if they had bought the apartment and sold it at a later date.

The Evening Press revealed in October 2003 how some penthouse apartments at the development, branded "the New York of York", were suffering from defects, including water ingress.

It is understood that the final settlement for the Baileys will be about £100,000.

Taylor Woodrow admitted liability in the Bailey's case, but was at court to argue the amount of damages it should pay. Today, a company said: "We are pleased that this case has now been resolved and that Mr and Mrs Bailey have accepted the very fair offer that we made to them in March 2004.

They have been ordered by the court to pay all our legal costs from that date and this further demonstrated the strength of our case."

James Hodgson, a York solicitor who acted for the Baileys, said: "This case has shown the importance of ensuring that when anyone buys a new house they get a surveyor in first."

Other apartment holders at Westgate, who formed an action group to take their concerns to the company, are still in discussions with Taylor Woodrow.

Updated: 09:55 Tuesday, August 02, 2005