Wattle Gardens [2001] QBCCMCmr 289 (29 May 2001)

RA MeekREFERENCE: 0330-2001

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	2347
Name of Scheme:	Wattle Gardens
Address of Scheme:	46 Collingwood Street PADDINGTON QLD 4064

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

John Doran Pty Ltd, the owner of lots 1 - 6

RA MeekI hereby order that Blocksidge & Ferguson (the appointee) of 144 Adelaide Street, Brisbane is appointed to call, hold and chair a general meeting (the meeting) of Wattle Gardens within one (1) month of the date of this order.

I further order that -

(1) at least one (1) days notice of the meeting must be given to lot owners;

(2) notice of the meeting is to be given in accordance with section 42 of the standard module;

(3) the agenda of the meeting must include the items set out in section 62(3) of the standard module, and the meeting may determine any other motion validly before it;

(4) the nomination and election procedures for election of the committee at the meeting must be in accordance with sections 14 and 15 of the standard module;

(5) except as provided for in this order, the meeting and all related matters must be conducted in accordance with the standard module.

I further order that the meeting shall be deemed to be the first annual general meeting of the scheme.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0330-2001

“Wattle Gardens” CTS 2347

The applicant has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote -

Request order from the Commissioner that Mr Grant Kitto of Blocksidge & Ferguson Pty Ltd convene the First AGM of Wattle Gardens CTS 2347.

Section 223(1) 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 adjudicator 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)).

The Body Corporate and Community Management Act (Standard Module) (the Standard Module) section 62 provides that the original owner must call and hold the first annual general meeting of the body corporate within one month after the first of the following to happen –

(a) more than 50% of the lots included in the scheme are no longer in the ownership of the original owner;

(b) 6 months elapse after the establishment of the scheme.

Moreover the agenda for the meeting must include the items set out in section 62(3) of the Standard Module. If the original owner does not call and hold the first annual general meeting as required by the section, the order of an adjudicator under the dispute resolution provisions may include an order appointing a person to call the first annual general meeting within a stated time (section 62(4)).

In the supporting grounds, the applicant states that –

Failure of original owner to ... call first AGM, units subsequently brought by John Doran Pty Ltd for refurbishment and on sale. No body corporate records currently exist.

In the circumstances, I am satisfied that an order should be made in terms authorised by section 62(4) of the standard module. The appointment is necessary to authorise a person to call and hold the first annual general meeting of the scheme, and allow it to thereafter proceed on a proper legal basis.Blocksidge & Ferguson144 Adelaide Street, Brisbaneone (1)one (1) nn