Horizons [2000] QBCCMCmr 11 (17 January 2000)

P G DanielsREFERENCE: 0002-2000

INTERIM ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	12724
Name of Scheme:	Horizons
Address of Scheme:	1945 Gold Coast Highway BURLEIGH HEADS QLD 4220

TAKE NOTICE that pursuant to an application made under the abovementioned Act by

Mr Norman Sawyer,



P G DanielsI hereby order that the application for an interim order that

Directs Horizons Body Corporate to desist in the automatic election (only person nominated) of John Webber at the forthcoming AGM and to also direct that he cannot remain on or be elected to the committee as a non-owner member.

is dismissed. n
1n

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0002-2000

“Horizons” CMS 12724

The applicant, Mr Norman Sawyer, , has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) that

The Applicant, has also sought the following interim order of an adjudicator, quote -

Section 225(1) provides that an adjudicator may make an interim order if satisfied, on reasonable grounds, that an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 230(1)).

In the supporting grounds, the applicant states that

In the circumstances, it is not intended to invite further submissions regarding this matter, or to make a further order, since this decision, though an interim one as sought by the applicant, is final in its determination of this matter. If the applicant considers that an appeal of this decision is warranted, then it should appeal the interim order.

This matter will now be investigated in accordance with the usual processes undertaken by this office. A final order regarding the application will be made in due course.

All parties should note the provisions of section 225(2) of the Act which provides that -

An interim order -

a)	has effect for a period (not longer than 3 months) stated in the order; and
b)	may be extended, renewed or cancelled by the adjudicator until a final order is made; and
c)	may be cancelled by a later order made by the adjudicator; and
d)	if it does not lapse or is not cancelled earlier - lapses when a final order is made by the adjudicator.

All parties should be aware of this section and its effect on this interim order. In particular, the applicant may need to request a renewal of the interim order, before a final order is made. The onus of renewing an interim order rests with the applicant. This office will not automatically renew an interim order.1n