Terrace Court [2000] QBCCMCmr 604 (22 November 2000)

C G YOUNGREFERENCE: 0667-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	14668
Name of Scheme:	Terrace Court
Address of Scheme:	21 Dopson Street TARINGA QLD 4066

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

NEWNHAM PTY LTD, ACN 085 055 876, as the owner of all Lots 1 to 6,



C G YOUNGC G YOUNGI hereby order that -

1.	Matthew Joosen of Prudential Body Corporate Management Pty Ltd of Unit 4 1293 Logan Road, Mt Gravatt Qld 4122 is appointed administrator to call, hold and chair a general meeting (“the meeting”) of “Terrace Court” within three (3) months of the date of this order.
2.	For the purpose of calling, holding and chairing the meeting, the administrator shall have all the powers of chairperson, secretary and treasurer of the body corporate, and of the committee, with the exception of the following powers –

• To further delegate any of these powers to another person; or

• To incur expenditure apart from that necessary for the calling and holding of the meeting.

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

I further order that –

1.	Under section 42(4) of the Body Corporate and Community Management (Standard Module) Regulation 1997 (the “Standard Module”) no notice of meeting need be given.

2.	The meeting shall be otherwise called and held as an annual general meeting in accordance with the Act, including a consideration of those matters set out in section 45 of the Standard Module and any other appropriate provision relating to meetings under Part 4 of the Standard Module.

I further order that for the purposes of determining the future financial year of the body corporate, the end of the month preceding the month in which the meeting is held shall be deemed to be the end of the financial year.
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0667-2000

“Terrace Court” CTS 14668

The applicant, Newham Pty Ltd as the owner of all Lots 1 to 6, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote -

That Matthew Joosen of Prudential Body Corporate Management A.C.N. 010 440 963 be authorised to issue all relevant notices and take all requisite steps for the convening of a General Meeting of the Body Corporate and that financial years and budget years be set as from the date of that meeting.

Section 223(1) of the Act provides that an adjudicator may make an order that is just and equitable in the circumstances to resolve a dispute, in the context of a community titles scheme, about a claimed or anticipated contravention of the Act or the community management statement. An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 223(2)).

Specifically, without limiting the power of an adjudicator to make an order under section 223(1), an adjudicator may order the body corporate to call a general meeting of its members to deal with stated business or to change the date of an annual general meeting (section 223(3)(p)). Alternatively, the adjudicator may order the appointment of an administrator, and authorise the administrator to perform obligations of the body corporate, its committee, or a member of its committee under this Act or the community management statement (section 223(3)(v)).

The administrator has the powers given to the administrator under the order (section 248(2)). Section 248(3) provides that the order may –

a)	withdraw all or particular stated powers from the body corporate (and any delegate of the body corporate) or from stated officers of the body corporate until the administrator has taken the necessary action to secure compliance with the obligations; and
b)	require officers or delegates of the body corporate to take stated action to help perform the work the administrator is required to perform; and
c)	fix the administrator’s remuneration.

An order appointing an administrator may be the only order the adjudicator makes for an application (section 223(4)(a)). An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 230(1)).

Section 60 of the Body Corporate and Community Management (Standard Module) Regulation 1997 (the “Standard Module”) provides that an annual general meeting (other than the first annual general meeting) must be called and held within 3 months after the end of each of the scheme’s financial years. A general meeting (which includes an annual general meeting) may be called by a person authorised or required to call a general meeting by an order of an adjudicator acting under the dispute resolution provisions (see section 40(c) of the Standard Module). Moreover, the agenda for an annual general meeting must include the items set out in sections 45 of the Standard Module.
The applicant is the owner of all of the lots comprised in the scheme, having recently purchased the complex. The applicant states that there are no records to show that any meetings of the body corporate has been held. The applicant owner seeks the appointment of an administrator to establish proper body corporate records and to hold a meeting to regularise the operation and administration of the body corporate.

In the circumstances I am satisfied that an order should be made to place the body corporate on a proper legal footing. I am also satisfied that in the circumstances the meeting ordered to be held will determine the financial year for the body corporate.