Langov v Denkov; Denkov v Langov

In this case, Linda Langov, the plaintiff, sued Kole Denkov, the defendant, in the County Court of Victoria. The dispute arose from a contract for the construction of a house, which was subsequently abandoned by the defendant. The plaintiff claimed damages for defective work and abandonment of the contract. The matter was heard in the County Court of Victoria.

The legal issues before the court were whether the defendant breached the statutory warranties under the Home Building Act 1991 (Vic) and, if so, what damages should be awarded to the plaintiff. The court had to determine the validity of the abandonment of the contract and the quantum of damages, if any, that the plaintiff was entitled to receive.

The court found that the defendant did indeed breach the statutory warranties by failing to complete the construction work to the required standard. Given the absence of any opposition to the plaintiff's expert report, the court accepted its findings regarding the defective work and the cost of rectification. The court held that the defendant's actions amounted to an abandonment of the contract, entitling the plaintiff to damages. The court assessed the damages based on the expert report and ordered the defendant to pay the plaintiff the sum of $161,066 within 28 days of the making of the orders. The plaintiff's cross-claim was dismissed.