Gordon v We Build Australia Pty Ltd

In the matter of Gordon v We Build Australia Pty Ltd, the dispute centred around the failure of the respondent to pay two of its subcontractors, Gregory McGrail and Barry James Gordon, for work completed on separate projects. The case was adjudicated by the NSW Civil and Administrative Tribunal. The primary issues for the tribunal to decide were whether the respondent was liable to pay the subcontractors for the work they had performed and, if so, the amount owed. Additionally, the tribunal needed to determine the appropriate process for any subsequent application for costs.

The tribunal found that We Build Australia Pty Ltd was indeed liable to pay the subcontractors for the work they completed. It held that the respondent had not provided any legitimate reasons for withholding the payments. In respect of the first claim, the tribunal ordered the respondent to pay Gregory McGrail $4,540.25. Similarly, concerning the second claim, it ordered the respondent to pay Barry James Gordon $4,390.78. The tribunal also set out a clear procedure for any future application for costs, stipulating the timeframes for lodging and responding to such applications, and whether they would be determined with or without a hearing based on the parties' submissions.

The tribunal's decision was based on the straightforward principle that when a party completes work as per a contract, they are entitled to the agreed payment. The tribunal emphasised the importance of adhering to contractual obligations and the consequences of failing to do so. It highlighted that the respondent's failure to pay the subcontractors was unjustifiable and constituted a breach of contract. The clear and immediate orders for payment reflect the tribunal’s intent to ensure prompt resolution of such disputes.