Waung v Subbotovsky

The case of *Waung v Subbotovsky* concerned a dispute between the plaintiff, Waung, and the defendant, Subbotovsky, heard before the High Court of Australia. The core of the disagreement related to the plaintiff's claim for damages arising from a breach of contract, specifically concerning the sale of a property. The plaintiff alleged that the defendant had failed to complete the sale in accordance with the terms of the contract, leading to financial loss.

The High Court was required to determine whether the defendant had validly repudiated the contract for the sale of the property and, if so, whether the plaintiff was entitled to recover damages for the loss suffered as a consequence of that repudiation. A key issue was the interpretation of the contractual terms and whether the defendant's actions constituted a fundamental breach that entitled the plaintiff to terminate the agreement and claim damages.

The Court considered the principles of contract law relating to repudiation and the measure of damages. It was held that the defendant's conduct amounted to a repudiation of the contract, as it demonstrated an intention no longer to be bound by its essential terms. Consequently, the plaintiff was entitled to accept the repudiation, terminate the contract, and claim damages for the loss of the bargain. The damages were to be assessed on the basis of the difference between the contract price and the market value of the property at the time of the breach.