Forsberry Court [2001] QBCCMCmr 31 (23 January 2001)

P G DanielsREFERENCE: 0035-2001

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	10689
Name of Scheme:	Forsberry Court
Address of Scheme:	29 Fosberry Street ALBION QLD 4010

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

Dale John Sheehan the owner of lots 1-6


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 Forsberry Court Community Titles Scheme 10689 shall be 30 March 2001.

I further order that thereafter, each successive financial year for the Body Corporate for Forsberry Court Community Titles Scheme 10689, shall commence on 1 April and terminate on 30 March, respectively.That the anniversary date as required under the BUGT Act be changed to a new date.n30 March 20011 April 200130 March 2002

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0035-2001

“Forsberry Court” CTS 10689

The applicant, Dale John Sheehan, the owner of lots 1-6, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act):

That the anniversary date as required under the BUGT Act be changed to a new date.

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)).

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 as follows:

“The Building Unit Plan was registered 25/11/81 but the first meeting was not held until 15/3/85 – I have recently purchased the entire block of 6 units and am currently the sole owner of all 6 lots. Because the first meeting was not held in accordance with the provisions of the B.U.G.T. Act, I now seek an order to be granted an anniversary date to co-incide with the first Annual General Meeting date namely 15 March 1985. I would also point out that proper records have been kept since 15 March 1985 and that all records to today’s date comply with the time limits which are applicable to the date 15 March 1985.”

I have decided to make an order in respect of the financial year given the uncertainty about the current financial year as the first meeting was not held in accordance with the provisions of the Building Units and Group Titles Act 1980. I will order that the financial year is to commence on 1 April of one year and end on 30 March of the next year.