Allen v Queensland Building and Construction Commission

[2019] QCAT 20

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

CITATION:

Allen & Anor v Queensland Building and Construction Commission [2019] QCAT 20

PARTIES:

REECE JUSTIN ALLEN

(first applicant)

CHANTELL RENEE MARIA TAYLOR

(second applicant)

v

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

(respondent)

APPLICATION NO/S:

GAR136-18

MATTER TYPE:

General administrative review matters

DELIVERED ON:

17 January 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Cranwell

ORDERS:

The application for miscellaneous matters filed on 29 November 2018 is dismissed.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – JOINDER OF CAUSES OF   ACTION   AND   OF   PARTIES   –   PARTIES   –

GENERALLY – where excessive delay in seeking joinder

Queensland Building and Construction Commission Act 1991 (Qld), s 71

Queensland Civil and Administrative Tribunal Act 2009

(Qld), s 21, s 42

REPRESENTATION:

Applicant:

Project Legal

Respondent:

Self-represented

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the

Queensland Civil and Administrative Tribunal Act 2009 (Qld).

2

REASONS FOR DECISION

1. On 19 March 2018, the Queensland Building and Construction Commission (QBCC) decided to decline a claim by Mr Allen and Ms Taylor under the statutory insurance scheme.

2. On 11 April 2018, Mr Allen and Ms Taylor filed an application to review that decision in the Tribunal.

3. Directions were subsequently made in relation to the conduct of the proceedings. The QBCC filed documents pursuant to s 21(2) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act) on 5 July 2018. Mr Allen and Ms Taylor filed voluminous statements on 4 September 2018 and 19 October 2018. A compulsory conference was held on 20 September 2018. The QBCC had been directed to file any further statements of evidence in reply by 16 November 2018, but none had been filed. The matter was listed for a directions hearing before me on 29 November 2018. The matter appeared for all intents and purposes ready to be listed for hearing.

4. On 29 November 2018, the QBCC lodged an application to join Contrast Constructions Pty Ltd (Contrast Constructions) as a respondent to the proceedings. The joinder application was made on the basis that the interests of Contrast Constructions may be affected by the proceeding pursuant to s 42(1)(b) of the QCAT Act. This is undoubtedly the case because if Mr Allen and Ms Taylor are successful, the QBCC may recover any payment under the statutory insurance scheme from Contrast Constructions pursuant to s 71(1) of the Queensland Building and Construction Act 1991 (Qld).

5. However, the joinder of parties is a discretionary matter. The fact that the interests of Contrast Constructions may be affected by the proceedings should have been apparent from 11 April 2018, when the proceeding was first commenced. The very nature of the decision under review should have alerted the QBCC to that possibility from the outset. Rather than make an application for joinder in a timely fashion, the QBCC decided to wait until the proceedings were apparently ready to be listed for hearing before making the application. No explanation was provided for this delay.

6. Mr Allen and Ms Taylor have expended considerable effort and no doubt cost in preparing their material. They should not be forced to incur additional costs and delays as a result of the excessive and unexplained delay by the QBCC relating to the joinder application.

7. I dismiss the joinder application.