11 Caroline Avenue [2000] QBCCMCmr 521 (13 October 2000)

PJ HanlyREFERENCE: 0372-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	17055
Name of Scheme:	11 Caroline Avenue
Address of Scheme:	11 Caroline Avenue, SOUTHPORT QLD 4112

TAKE NOTICE that pursuant to an application made under the abovementioned Act by The Public Trustee of Queensland, as manager of the estate of David Alexander McGrath of Lot 1

I hereby order that –

(1)	The Public Trustee of Queensland of 444 Queen Street, Brisbane is appointed as administrator to call, hold and chair an extraordinary general meeting (“the meeting”) of “11 Caroline Avenue” within one (1) month of the date of this order for the purpose of -

• the election of committee members; and

• the consideration of any motions included on the agenda of the meeting.

(2)	The administrator shall hold the appointment for the period beginning from the date of this order until of the close of the meeting ordered.

I further order that –

(1)	For the purpose of calling, holding and chairing the meeting, the administrator shall have all the powers of the chairperson, secretary and treasurer of the body corporate, and of the committee, with the exception of the following powers -

• to further delegate any of those powers to another person; or

• to incur any expenditure apart from that necessary for the calling and holding of the meeting, except in regard to expenses that must necessarily be met and are capable of being authorised and incurred by a committee under the legislation.

(2)	Executive members of the committee shall be chosen in accordance with section 11(4) of the Body Corporate and Community Management (Standard Module) Regulation 1997.

(3)	The meeting shall be otherwise called and held as an extraordinary general meeting in accordance with the Act, except that only seven (7) days notice of the meeting need be given.
(4)	The administrator must not give the notice of meeting to owners earlier than seven (7) days from the date of this order.

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STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0372-2000

“11 Caroline Avenue” CTS 17055

The applicant, the Public Trustee of Queensland as the representative of David McGrath, has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”) that the Public Trustee of Queensland be authorised to convene a general meeting to choose executive members of the committee.

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, about –

a) a claimed or anticipated contravention of the Act or the community management statement; or

b) the exercise of rights or powers, or the performance of duties, under this Act or the community management statement; or

c) a claimed or anticipated contravention of the terms, or the termination of, or the exercise of rights or powers under the terms of, or the performance of duties under the terms of an engagement contract or an authorisation contract.

An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 223(2)). 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 at the Annual General Meeting dated 28 February 2000, Raymond McCarthy from Lot 1 was elected as chairperson and Sherrie McLean from the Public Trust Office was elected as secretary and treasurer. The applicant states that the positions of chairperson, secretary and treasurer have subsequently become vacant, and that there is no person authorised to call a meeting to fill the vacancies.

A copy of the application was forwarded to Mr Reed of Lot 2. Mr Reed did not respond to the invitation to make a written submission to the application.

The scheme comprises two lots. The applicant contends that there are no committee members at present. The owner of the other lot has not responded to the application. In the absence of any contrary arguments, I am satisfied that there are no persons currently elected to the committee.

Section 25(4) of the Body Corporate and Community Management (Standard Module) Regulation 1997 ("the Standard Module") provides that if the body corporate ceases to have a properly formed committee, an adjudicator may make an order under the dispute resolution provisions of the Act authorising a person to call a general meeting to choose members for the committee.

In the circumstances, I am satisfied that the appointment is necessary.
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