Manuka Court [2001] QBCCMCmr 166 (20 March 2001)

C G YOUNGREFERENCE: 0166-2001

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	14489
Name of Scheme:	Manuka Court
[Address of Scheme:	4 Holborow Close Surfers Paradise QLD 4217

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 next financial year end date of the Body Corporate for Manuka Court Community Titles Scheme 14489 shall be 31 October 2001, in place of the previous financial year end date.

I further order that thereafter each successive financial year for the Body Corporate for Manuka Court Community Titles Scheme 14489 shall commence on 1 November and terminate on 31 October.xxnxxxxxxxx
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STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0166-2001

“Manuka Court” CTS 14489

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

To register the Body Corporate’s end of Financial Year as:- 31 October.

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.

The applicant body corporate passed a motion at its annual general meeting held on 10 December 2000 to change its financial year-end date to the end of October each year. This means its annual general meetings will need to be held sometime in the months of November to January each financial year.

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