|Hoskin v Greater Bendigo City Council (VSCA) - administrative law - human rights - environment and planning - conditional permit to construct and use mosque and associated facilities - leave to appeal refused
|Winyu Pty Ltd v King (ACTSC) - security of payments - payment claim not a payment claim under Building and Construction Industry (Security of Payment) Act 2009 (ACT) because it was given outside period identified in s15(4) - adjudicator’s decision invalid - declaration
|Summaries With Link (Five Minute Read)
|Hoskin v Greater Bendigo City Council  VSCA 350
Court of Appeal of Victoria
Warren CJ; Osborn & Santamaria JJA
Administrative law - human rights - environment and planning - permit applicant wished to construct and use mosque and associated facilities in industrial zone - Council granted permit - objectors sought review - -Tribunal granted permit on amended conditions - objectors sought leave to appeal - objectors contended Tribunal failed to correctly construe s60(1)(f) Planning and Environment Act 1987 (Vic) which required Council and Tribunal to consider significant social effects - objectors also contended Tribunal wrongly treated absence of supporting evidence as dispositive of case - Charter of Human Rights and Responsibilities Act 2006 (Vic) - held: proposed grounds of appeal did not raise questions of law which were reasonably arguable - proposed grounds had no prospect of success - leave to appeal refused.
|Winyu Pty Ltd v King  ACTSC 387
Supreme Court of the Australian Capital Territory
Security of payments - second defendant was claimant under Building and Construction Industry (Security of Payment) Act 2009 (ACT) - adjudicator made determination in second defendant’s favour against plaintiff - plaintiff contended adjudicator’s decision invalid on basis payment claim did not relate to work carried out within 12 months prior to its service - s15(4) - “the end of the period of 12 months after the construction work to which the claim relates was last carried out or the related goods and services to which claim relates were last supplied” - held - payment claim of second defendant not a payment claim under Act because it was given outside period identified in s15(4) - adjudication decision invalid - declaration.
|Poem for Friday (Recitation here by Thomas Hellier)
BY CHRISTINA ROSSETTI
Oh why is heaven built so far,
Oh why is earth set so remote?
I cannot reach the nearest star
That hangs afloat.
I would not care to reach the moon,
One round monotonous of change;
Yet even she repeats her tune
Beyond my range.
I never watch the scatter'd fire
Of stars, or sun's far-trailing train,
But all my heart is one desire,
And all in vain:
For I am bound with fleshly bands,
Joy, beauty, lie beyond my scope;
I strain my heart, I stretch my hands,
And catch at hope.