McNab Constructions Australia Pty Ltd v Queensland Building Services Authority

McNab Constructions Australia Pty Ltd applied to the Queensland Civil and Administrative Tribunal for a review of directions to rectify issued by the Queensland Building Services Authority (QBSA) in relation to defects in building works. The applicant sought to join numerous parties who had performed work or provided services in relation to the building works. The Tribunal considered whether it should exercise its discretion to join the proposed parties. The Tribunal found that the applicant’s delay in making the joinder application, the significant delay in making the application, and the lack of any satisfactory explanation for the delay were all factors against the exercise of the Tribunal’s discretion. The Tribunal also found that joining the proposed parties would further complicate the proceedings and would significantly lengthen the hearing and the cost of the proceedings. The Tribunal therefore dismissed the applicant’s application to join the proposed parties. The Tribunal also considered the issue of costs and made directions in relation to the parties’ costs applications. The Tribunal dismissed the applicant’s joinder application and made directions in relation to the parties’ costs applications.