Daily Construction: Friday, 26 June 2015 View in browser
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A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Construction

Executive Summary (One Minute Read)
Illawarra Retirement Trust v Denham Constructions Pty Ltd (NSWSC) - security of payments - payment claim was valid - claim for injunctive relief failed
Donovan Hill Pty Ltd v McNab Constructions Australia Pty Ltd (QCA) - administrative law - application for joinder not “a proceeding” - QCAT not empowered to award costs to non-party
Summaries With Link (Five Minute Read)
Illawarra Retirement Trust v Denham Constructions Pty Ltd [2015] NSWSC 823
Supreme Court of New South Wales
Darke J
Security of payments - plaintiff sought injunctive relief restraining defendant from acting upon two payment claims made under Building and Construction Industry Security of Payment Act 1999 (NSW) - defendant withdrew one claim - other claim was for amount for work done up to 29 May 2015 - time of termination of contract - held: following issue of notice of termination parties agreed termination would not take effect until end of 29 May 2015 - 29 May 2015 being last business day of month became reference date under contract - on and from 29 May 2015 defendant entitled to progress payment under s8 of the Act and able to serve payment claim using 29 May 2015 as reference date - inclusion of ‘cash held’ item in payment claim did not invalidate it - plaintiff’s claim for injunctive relief failed - summons dismissed.
Donovan Hill Pty Ltd v McNab Constructions Australia Pty Ltd [2015] QCA 114
Court of Appeal of Queensland
M McMurdo P, Gotterson & Philippides JJA
Administrative law - respondent applied to Commercial and Consumer Tribunal for review of directions of Queensland Building Services Authority - jurisdiction of tribunal transferred to  Queensland Civil and Administrative Tribunal (QCAT) - QCAT dismissed respondent’s application to join applicant as party - Appeal Tribunal upheld respondent’s contention that QCAT had no power to award costs to entities like  applicant, who were non-parties in review proceeding - applicant sought leave to appeal - whether QCAT empowered when exercising its review jurisdiction to award costs against party who had unsuccessfully applied to join person in review proceeding - ss3, 4, 6(2), 9, 10(1), 12, 15, 17, 18, 33, 36, 39, 40(1), 42, 100, 102(1) & 150(3)(b) Queensland Civil and Administrative Tribunal Act 2009 - held: application for joinder was not “a proceeding” in either original or review jurisdiction - applicant was subject to an unsuccessful joinder application, not “a party to a proceeding” - no power to make costs order in its favour pursuant to s102 - appeal dismissed.
Fireflies in the Garden
By Robert Frost
Here come real stars to fill the upper skies,
And here on earth come emulating flies,
That though they never equal stars in size,
(And they were never really stars at heart)
Achieve at times a very star-like start.
Only, of course, they can't sustain the part.
Robert Frost