Langov v Denkov; Denkov v Langov [2017] NSWCATCD 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Langov v Denkov; Denkov v Langov [2017] NSWCATCD 69 Hearing dates: 5 and 6 June 2017Submissions Close 16 June 2017 Decision date: 23 August 2017 Jurisdiction: Consumer and Commercial Division Before: S Thode, Senior Member Decision: 1. In HB 16/23186 Kole Denkov shall pay to Linda Langov the sum of $161,066 within 28 days of the making of these orders. 2. HB 16/56088 is dismissed. Catchwords: BREACH OF STATUTORY WARRANTIES - abandonment of contract – damages for defective work – findings where expert report unopposed Legislation Cited: Civil and Administrative Tribunal Act 2013; Home Building Act 1989 Category: Principal judgment Parties: Linda Langov and Lupco Langov (homeowners) Kole Denkov (builder) Representation: Counsel: Ms Blackadder of counsel (homeowners) Mr Jovan Sarai , Safe Harbour Lawyers (builder) File Number(s): HB 16/56088 (builder's claim)HB 16/23186 (homeowners' claim) Publication restriction: Nil

reasons for decision

The proceedings 1. For convenience I shall refer to Mr and Mrs Langov as "the homeowners" and Mr Kole Denkov as "the builder", although the Tribunal is required to determine whether Mr Denkov was, in fact "the builder" within the meaning of the Home Building Act 1989 or whether Mr Denkov was a project manager. The nomenclature of "homeowner" and "builder" has been adopted for convenience and consistency.

The homeowners' claim 1. The homeowners filed application HB16/23186 on 16 May 2016 seeking damages in the sum of $169,864 for defective and incomplete work. 2. The homeowners contend that the parties entered into a contract for the provision of residential building work, namely the construction of a new dwelling in Bardia, NSW for $1.5 million.