La Porte D'Or [2001] QBCCMCmr 145 (12 March 2001)

RA MeekREFERENCE: 0148-2001

INTERIM ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	12681
Name of Scheme:	La Porte D' Or
Address of Scheme:	3422 Gold Coast Highway Surfers Paradise QLD 3422

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

Framir Nominees Pty Ltd and Donjen Nominees Pty Ltd, the owners of lots 67 and 141 respectively


RA MeekI hereby order that the application by Framir Nominees Pty Ltd and Donjen Nominees Pty Ltd, the owners of lots 67 and 141 respectively for interim orders that –

Fire Services and Hydraulic Repairs

That the body corporate engage a suitably qualified project manager to work in conjunction with Steve Paul and Partners and engage suitably qualified contractors to carry out repairs identified as essential and potentially life threatening in the Report of Steve Paul and Partners, consulting Hydraulic, Fire and Environmental Engineers ...

AND THAT the body corporate:-

Instruct Steve Paul and Partners to seek new tenders, or obtain at least two new quotations from contractors according to specifications for the above works for Quotations attached hereto and Marked “Exhibit (a)(b)(c)(d)”

Instruct Steve Paul and Partners to advise the body corporate which of the new quotations or tenders should be accepted;

Accept the quotation or tender recommended by Steve Paul and Partners;

Strike, on behalf of the body corporate, a special levy to fund the above repairs.

Emergency Lighting

That the body corporate engage a suitably qualified electrical contractor to install emergency lighting recommended in the Report of EMF Griffiths Consulting Engineers (attached hereto and marked “Exhibit 2”) accordingly to specifications for quotations attached hereto and marked “Exhibit (e)” and Exhibit “(f)” hereto) and that the body corporate:

Instruct EMF Griffiths to seek new tenders, or obtain at least two new quotations from contractors according to the said specifications

Instruct EMF Griffiths to advise the body corporate which new quotation or tender should be accepted;

Accept the quotation or tender recommended by EMF Griffiths;

Strike, on behalf of the body corporate, a levy to fund installation of the emergency lighting.

Repairs to Air Conditioning

Orders that the Body Corporate instruct EMF Griffiths to seek new tenders and obtain at least two quotations for air conditioning from contractors according to the recommendation in the report of EMF Griffiths, Consulting Engineers (attached hereto and marked “Exhibit 3”) according to specifications for quotations (attached hereto and marked “Exhibit (g)”) and Exhibit (h)”) and that the Body Corporate.

Instruct EMF Griffiths to advise the body corporate which new quotation or tender should be accepted;

Accept the quotation or tender recommended by EMF Griffiths;

Strike, on behalf of the body corporate, a special levy to fund installation of the air conditioning plant.

Resurfacing of Driveway

That the body corporate instruct Laurie Oar & Associates to seek tenders and obtain at least two quotations from contractors for the resurfacing of the front driveway according to specifications for quotations (attached hereto and marked Exhibit (i) and Exhibit (j)) and that the body corporate:

Instruct Laurie Oar & Associates (Structural Engineers) to advise the body corporate which new quotation or tender should be accepted;

Accept the quotation recommended by Laurie Oar & Associates;

Strike, on behalf of the body corporate, a special levy to fund the resurfacing of the front driveway.

Sinking Fund Levy

That the body corporate strike a sinking fund levy to give effect to the sinking fund analysis prepared by Rider Hunt, Surveyors (attached hereto and marked “Exhibit 4”)

is dismissed.
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0148-2001

“La Porte D' Or ” CMS 12681

The applicants, Framir Nominees Pty Ltd and Donjen Nominees Pty Ltd, the owners of lots 67 and 141 respectively have sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote –

Fire Services and Hydraulic Repairs

That the body corporate engage a suitably qualified project manager to work in conjunction with Steve Paul and Partners and engage suitably qualified contractors to carry out repairs identified as essential and potentially life threatening in the Report of Steve Paul and Partners, consulting Hydraulic, Fire and Environmental Engineers ...

AND THAT the body corporate:-

a) Instruct Steve Paul and Partners to seek new tenders, or obtain at least two new quotations from contractors according to specifications for the above works for Quotations attached hereto and Marked “Exhibit (a)(b)(c)(d)”

b) Instruct Steve Paul and Partners to advise the body corporate which of the new quotations or tenders should be accepted;

c) Accept the quotation or tender recommended by Steve Paul and Partners;

d) Strike, on behalf of the body corporate, a special levy to fund the above repairs.

Emergency Lighting

That the body corporate engage a suitably qualified electrical contractor to install emergency lighting recommended in the Report of EMF Griffiths Consulting Engineers (attached hereto and marked “Exhibit 2”) accordingly to specifications for quotations attached hereto and marked “Exhibit (e)” and Exhibit “(f)” hereto) and that the body corporate:

a) Instruct EMF Griffiths to seek new tenders, or obtain at least two new quotations from contractors according to the said specifications

b) Instruct EMF Griffiths to advise the body corporate which new quotation or tender should be accepted;

c) Accept the quotation or tender recommended by EMF Griffiths;

d) Strike, on behalf of the body corporate, a levy to fund installation of the emergency lighting.

Repairs to Air Conditioning

Orders that the Body Corporate instruct EMF Griffiths to seek new tenders and obtain at least two quotations for air conditioning from contractors according to the recommendation in the report of EMF Griffiths, Consulting Engineers (attached hereto and marked “Exhibit 3”) according to specifications for quotations (attached hereto and marked “Exhibit (g)”) and Exhibit (h)”) and that the Body Corporate.

a) Instruct EMF Griffiths to advise the body corporate which new quotation or tender should be accepted;

b) Accept the quotation or tender recommended by EMF Griffiths;

c) Strike, on behalf of the body corporate, a special levy to fund installation of the air conditioning plant.

Resurfacing of Driveway

That the body corporate instruct Laurie Oar & Associates to seek tenders and obtain at least two quotations from contractors for the resurfacing of the front driveway according to specifications for quotations (attached hereto and marked Exhibit (i) and Exhibit (j)) and that the body corporate:

a) Instruct Laurie Oar & Associates (Structural Engineers) to advise the body corporate which new quotation or tender should be accepted;

b) Accept the quotation recommended by Laurie Oar & Associates;

c) Strike, on behalf of the body corporate, a special levy to fund the resurfacing of the front driveway.

Sinking Fund Levy

That the body corporate strike a sinking fund levy to give effect to the sinking fund analysis prepared by Rider Hunt, Surveyors (attached hereto and marked “Exhibit 4”)

The applicants have also sought interim orders in the same terms.

Section 225(1) 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 any consideration of an application which seeks the making of an interim order, it is necessary to determine at the outset whether, because of the nature or urgency of the circumstances relating to the application, an interim order is in fact necessary or appropriate. The examples included in the Act under section 225(1) are suggestive of the usual circumstances where an interim order might be made. Both examples are in the nature of injunctive relief. Whilst the range of matters which might be the subject of an interim order is not capable of definition, the applicant does need to establish that the circumstances of the application warrant the making of an interim order.

An interim order will not be made, or will be refused, in circumstances where the only urgency relates to the applicant’s desire to resolve or expedite the matters in dispute, or where the nature of the circumstances are such that the matter is not capable of being dealt with in the context of an interim order. Again, it is not possible to define these circumstances. However, given that an interim order may be made ex parte (ie. without reference to, or submission from the respondent named in the matter), then as a guide, where the circumstances or matters in dispute include matters or allegations not capable of objective consideration, or ready determination, or relate to issues of credibility or character, for example, where an interim order would be inappropriate, then the request for an interim order will be refused. It is a matter for an adjudicator to determine in respect of each application.

The nature of the matters raised in this application are not such that they can be effectively addressed or dealt with by way of an interim order, either by myself or a specialist adjudicator. Rather, they require full investigation, including submissions from other parties to the dispute, before any order can be made. Accordingly, this application for an interim order is dismissed.