Cairns Agincourt [2000] QBCCMCmr 431 (25 August 2000)

CG YoungREFERENCE: 0472-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	1043
Name of Scheme:	Cairns Agincourt
Address of Scheme:	69-73 Arlington Esplanade CLIFTON BEACH QLD 4879

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

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 (“the Act”) and pursuant to section 229 of the Act, the new financial year end date of the Body Corporate for Cairns Agincourt Community Titles Scheme 1043 shall be 31 March, commencing on 31 March 2002, in place of the previous financial year end date.

I further order that thereafter each successive financial year for the Body Corporate for Cairns Agincourt Community Titles Scheme 1043 shall commence on 1 April and terminate on 31 March.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0472-2000

“Cairns Agincourt” CTS 1043

The applicant body corporate has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote –

That the anniversary date be changed to 31 March effective 1/5/2001-31/3/2002.

Section 223(1) of the Act provides that an adjudicator may make an order that is just and equitable in the circumstances (including a declaratory order) to resolve a dispute, in the context of a community titles scheme. An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 230(1)).

In the case of a body corporate established under the 1980 Act, then (unless the first annual general meeting has not been held) the financial year is each year ending on the last day of the month containing the anniversary of the first annual general meeting. Alternatively, in the case of bodies corporate in respect of which the Referee has made an order changing the anniversary date, the financial year is each year ending on the last date of the month containing the date fixed by the referee (see section 276(9)).

Section 229 provides that with the consent of the body corporate, the order of the adjudicator may include a change of the body corporate’s financial year and of the dates when future financial years begin.

In the supporting grounds, the applicant has submitted a copy of the minutes of the Extraordinary General Meeting held on 14 August 2000. Resolution 3 approved a change in the financial year to end on 31 March each year, effective on 31 March 2002. The grounds state that the body corporate wishes to change its financial year end date so that interstate owners are not financially disadvantaged by occupying their units at a time of year considered to be the peak season for holiday bookings.

In the circumstances, I am satisfied that the body corporate has consented to the proposed change of the body corporate’s financial year, and further that it is appropriate to make an order changing its financial year end date to the proposed date.