Quoin Harbour Views [2000] QBCCMCmr 167 (30 March 2000)

RA MeekREFERENCE: 0159-2000

INTERIM ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	19042
Name of Scheme:	Quoin Harbour Views
Address of Scheme:	Quoin Island GLADSTONE QLD 4680

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

John William Ryan, the co-owner of lot 48

RA MeekI hereby order that the committee of the body corporate Quoin Harbour Views shall not implement or otherwise put into effect the terms of the motion carried by flying minute at the committee meeting held on 24 March 2000 to the effect that the body corporate committee agrees to the slashing of body corporate property up to a maximum cost of $1500, until a final order to this application is made, the application is withdrawn or this order is of no effect by operation of law. n

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0159-2000

“Quoin Harbour Views” CMS 19042

The applicant John William Ryan, the co-owner of lot 48, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote -

An order to prevent destruction of trees, shrubs and plants on the common property contrary to by-laws 13(a) and 24(I) as proposed and passed by committee. ...

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

An interim order to prevent destruction of trees, shrubs and plants on the common property contrary to by-laws 13(a) and 24 i). The motion No. 2 was passed on 24 March 2000 unless objected to by majority of lot owners it will be acted upon after seven days ie. 31 March 2000.

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 attaches a copy of a motion carried by flying minute of the committee on 24 March 2000 that the body corporate committee agree to the slashing of body corporate property up to a maximum cost of $1500 (such cost to include petrol, oil and any maintenance of equipment, such work to be carried out by the chairman). The resolution was apparently carried by 2 votes to 1.

The applicant considers the resolution is invalid on the basis that it conflicts with the by-laws, in particular by-laws 13 and 24 i). The applicant believes that the motion might be implemented as early as 1 April 2000.

In the circumstances, I intend to make an interim order preventing the implementation of the motion until a final order to this application is made, since this is the only way to preserve the status quo until such final order is made. However, this interim order should in no way be interpreted as a determination of the merits of this application. It is simply an injunction preventing the implementation of the motion, pending investigation and a final 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. n