Winrobe Pty Ltd v Sundin's Building Company Pty Ltd

Winrobe Pty Ltd (the appellant) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the interpretation of a building contract and the appellant's entitlement to payment for work performed.

The primary legal issue before the Court of Appeal was whether the Supreme Court had erred in its construction of clause 14 of the building contract, specifically in relation to the appellant's right to claim payment for work done prior to the termination of the contract. The court was also required to consider whether the appellant had validly terminated the contract.

The Court of Appeal found that the Supreme Court had correctly interpreted clause 14, which stipulated that the builder was entitled to payment for work done up to the date of termination, even if the termination was due to the builder's own default. The court reasoned that the clause provided a specific contractual mechanism for payment upon termination, which was not displaced by general principles of contract law. The appeal was dismissed.