Cavill Place [2001] QBCCMCmr 28 (22 January 2001)

RA MeekREFERENCE: 0028-2001

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	14741
Name of Scheme:	Cavill Place
Address of Scheme:	372 Old Cleveland Road COORPAROO QLD 4151

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

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 Cavill Place Community Titles Scheme 14741 shall be 30 November 2001, in place of the previous financial year end date.

I further order that thereafter, each successive financial year for the Body Corporate for Cavill Place Community Titles Scheme 14741, shall commence on 1 December and terminate on 30 November of each year, respectively. n

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0028-2001

“Cavill Place” CTS 14741

The applicant, the Body Corporate for Cavill Place Community Titles Scheme 14741, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote –

Order sought to change the financial year end date. Commissioner for Body Corporate and Community Management to approve.

Section 223(1) 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 body corporate’s 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)).

In the case of a body corporate for a community titles scheme established other than under the 1980 Act, the financial year means, unless previously changed by order of the adjudicator, the period from the establishment of the scheme until the end of the month immediately before the month when the first anniversary of the establishment of the scheme falls, and each successive period of one year from the end of the first financial year (schedule 4).

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.

In the supporting grounds, the applicant, states that in recent years, the AGM’s have been held on an ad hoc basic, with no certain financial year end date. The body corporate has now become aware of the requirement of the legislation to call and hold the AGM within three months after the end of the Scheme’s financial year. The body corporate now seeks approval to change the body corporate’s financial year end date to 30 November in place of 31 May, the current date.

The body corporate resolved at its AGM held on 14 January 2001 to make application seeking formal approval to change the financial year end date to “30 November to fall into line with dates at which AGM’s have been held in recent years”.

In the circumstances, I am satisfied that the body corporate has consented to the proposed change of the body corporate’s financial year, and further that it is reasonable and appropriate to make an order changing this body corporate’s financial year end date to the date as proposed by the applicant. I have ordered accordingly. n