Ocean Paradise [2000] QBCCMCmr 368 (24 July 2000)

P J HANLYREFERENCE: 0368-2000

INTERIM ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	17611
Name of Scheme:	Ocean Paradise
Address of Scheme:	Ocean Street MERMAID BEACH QLD 4218

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for Ocean Paradise CTS 17611

I hereby order that within 14 days of the date of this order Marika Maselli of A M Strata Strata Administration shall hand to Body Corporate Services Pty Ltd all body corporate books and records of Ocean Paradise CTS 17611.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0368-2000

“Ocean Paradise” CMS 17611

The applicant, the Body Corporate for Ocean Paradise CTS 17611, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote-

That A M Strata Administration be required forthwith to hand over all of the books and records of the body corporate to Body Corporate Services Pty Ltd or such other person as the Commissioner deems fit.

The applicant has also sought an interim order of an adjudicator in similar terms.

Section 225(1) of the Act 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 A M Strata Administration was appointed as body corporate manager for a period of two years from January 1998. The applicant further states that the agreement has not been renewed, and the services of the body corporate manager have in fact been terminated as from 30 June 2000. The applicant further states that Ms Maselli, the principal of A M Strata Administration, has refused to hand over the books and records of the body corporate, which is preventing the body corporate from operating properly, and is prejudicing its position.

Ms Maselli was invited to respond to the application but failed to do so.

I have noted the correspondence which has passed between the body corporate and Ms Maselli. In the absence of any response from Ms Maselli, I assume that there is no challenge to the material set out in the application. I am satisfied that there is no reasonable excuse for Ms Maselli’s failure to hand over the books and records of the body corporate, and I have therefore ordered that she do so within 14 days of this date.

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 any party considers that an appeal of this decision is warranted, then they should appeal the interim order.