Seaquester Quays 1 [2000] QBCCMCmr 46 (3 February 2000)

P J HANLYREFERENCE: 0761-1999

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	21106
Name of Scheme:	Seaquester Quays 1
Address of Scheme:	131 Monala Avenue RUNAWAY BAY QLD 4216

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for Seaquester Quays 1 CTS 21106

P J HANLYI hereby order that motion 13 considered by the body corporate at the Annual General Meeting held on 27 October 1999 shall be deemed to have been resolved by a resolution without dissent, and therefore to have been carried.2n

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0761-1999

“Seaquester Quays 1” CMS 21106

The applicant, the Body Corporate for Seaquester Quays 1 CTS 21106, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote –

1.	A declaration pursuant to section 223(3)(u) of the Body Corporate and Community Management Act 1997 that the opposition of G Blackburn, the owner of lot number 17 to the without dissent resolution was unreasonable in the circumstances.
2.	An order pursuant to section 223(3)(u) of the Body Corporate and Community Management Act 1997 that the motion 13 as proposed by the body corporate at the Annual General Meeting of 27 October 1999, be given immediate effect.
3.	The respondent pay the applicant’s costs of and incidental to this application.
4.	Such further or other orders that the commissioner or adjudicator thinks fit.

The applicant has also sought the following interim order of an adjudicator, quote –

1.	That all owners of lots in Seaquester Quays recognise and maintain use of the marina berth facilities pursuant to the original allocation of sub leases between the body corporate and sub-lessee owners determined pursuant to the grant of use by the Gold Coast Water Ways Authority.
2.	Such further or other orders as to the adjudicator may seem fit.
3.	The respondent pay the applicant’s costs of and incidental to this application.

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 the opposition of the respondent, the owner of lot 17, to motion 13 considered by the body corporate at the Annual General Meeting held on 27 October 1999 was unreasonable, as it was based on considerations wholly unrelated to either the effect or purpose of the motion.

The respondent was invited to respond to the application. The respondent advised on 27 January 2000 that he withdrew his dissent to motion 13, and requested that the motion now be declared to have been carried.

The respondent was the only dissenting voter to motion 13. In light of his written withdrawal of dissent, I am satisfied that motion 13 should be deemed to have been carried by resolution without dissent. I have ordered accordingly. I do not propose to make an order in relation to costs.