Ferry Court [2001] QBCCMCmr 311 (8 June 2001)

P G DanielsREFERENCE: 0361-2001

INTERIM ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	6316
Name of Scheme:	Ferry Court
Address of Scheme:	82 Ferry Road SOUTHPORT QLD 4215

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

Neville Edwin Davey a co-owner of lot 1



P G DanielsI hereby order that the Body Corporate for Ferry Court community titles scheme 6316 must not implement a special resolution passed at its annual general meeting on 31 May 2001 that provided, “That the Body Corporate wall facing Ferry Road be used for advertising signage of all factories.” until after 20 June 2001.1n

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0361-2001

“Ferry Court” CMS 6316

The applicant, Neville Edwin Davey, a co-owner of lot 1, has sought orders of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) that:

1. The Body Corporate be prevented from sign writing the western wall of factory 1 with advertising for any other business other than the existing directory sign.

2. The Body Corporate grant exclusive use of the common area used as the carpark to each lot in the scheme and have the spaces for each lot numbered.

The Applicant, has also sought the following interim order of an adjudicator:

I request that the Body Corporate be instructed not to proceed with sign writing of the wall until after the decision is made by the arbitrator.

Urgent action is required as I fear that the Body Corporate may commence the sign writing immediately.

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)).

The applicant seeks an urgent interim order that the following special resolution passed at the Body Corporate’s annual general meeting on 31 May 2001 not proceed until a final order is made:

“10.Advertising Signage – Submitted by T Donnelly (Lot 2) Special Resolution

That the Body Corporate wall facing Ferry Road be used for advertising signage of all factories.”

I have decided to make a temporary interim order that will prevent the implementation of the resolution until 20 June 2001. The Committee will be invited to make a submission on whether the interim order should continue in effect after that date.

All parties should note the provisions of section 225(2) of the Act which provides that -

An interim order -

a)	has effect for a period (not longer than 3 months) stated in the order; and
b)	may be extended, renewed or cancelled by the adjudicator until a final order is made; and
c)	may be cancelled by a later order made by the adjudicator; and
d)	if it does not lapse or is not cancelled earlier - lapses when a final order is made by the adjudicator.

P G DanielsREFERENCE: 0361-2001

INTERIM ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	6316
Name of Scheme:	Ferry Court
Address of Scheme:	82 Ferry Road SOUTHPORT QLD 4215

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

Neville Edwin Davey a co-owner of lot 1

1. P G DanielsI hereby order that the Body Corporate for Ferry Court community titles scheme 6316 must not implement a special resolution passed at its annual general meeting on 31 May 2001 that provided, “That the Body Corporate wall facing Ferry Road be used for advertising signage of all factories.” until a final order to this application is made, this application is withdrawn or this order is of no effect by operation of law.

2. I further order that order 1 takes effect from 21 June 20011n

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0361-2001

“Ferry Court” CMS 6316

The applicant, Neville Edwin Davey, a co-owner of lot 1, has sought orders of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) that:

3. The Body Corporate be prevented from sign writing the western wall of factory 1 with advertising for any other business other than the existing directory sign.

4. The Body Corporate grant exclusive use of the common area used as the carpark to each lot in the scheme and have the spaces for each lot numbered.

The Applicant, has also sought the following interim order of an adjudicator:

I request that the Body Corporate be instructed not to proceed with sign writing of the wall until after the decision is made by the arbitrator.

Urgent action is required as I fear that the Body Corporate may commence the sign writing immediately.

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)).

The Body Corporate passed a special resolution at its annual general meeting on 31 May 2001 in respect of the following motion:

“10.Advertising Signage – Submitted by T Donnelly (Lot 2) Special Resolution

That the Body Corporate wall facing Ferry Road be used for advertising signage of all factories.”

On 8 June 2001 I made a temporary interim order restraining implementation of the resolution until after 20 June 2001. The Committee has responded to the application through Professional Body Corporate Management Pty Ltd. The submission states that the Committee will not proceed with any sign writing until a final order is made. In those circumstances I will make a further interim order that restrains the implementation of the above resolution until a final order is made, the application is withdrawn or the order is of no effect by operation of law which order will take effect from 21 June 2001. My previous interim order restrains implementation of the resolution up to and including 20 June 2001.

All parties should note the provisions of section 225(2) of the Act which provides that -

An interim order -

e)	has effect for a period (not longer than 3 months) stated in the order; and
f)	may be extended, renewed or cancelled by the adjudicator until a final order is made; and
g)	may be cancelled by a later order made by the adjudicator; and
h)	if it does not lapse or is not cancelled earlier - lapses when a final order is made by the adjudicator.

All parties should be aware of this section and its effect on this interim order. In particular, the applicant may need to request a renewal of the interim order, before a final order is made. The onus of renewing an interim order rests with the applicant. This office will not automatically renew an interim order.

CG YoungREFERENCE: 0361-2001

INTERIM ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	6316
Name of Scheme:	Ferry Court
Address of Scheme:	82 Ferry Road SOUTHPORT QLD 4215

TAKE NOTICE that pursuant to a request made under the abovementioned Act by Neville Edwin DAVEY for an extension of an interim order


CG YoungI hereby order that the request for an extension of the interim order made in respect of Application 0361-2001 is granted.

I further order that the operation of the interim order made in respect of Application 0361-2001 on 19/09/2001 is hereby extended until such time as a final order to the application is made or the application is withdrawn or this order is of no effect by operation of law.g19/09/2001 Brisbane
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0361-2001

“Ferry Court” CMS 6316

Neville Edwin Davey (the applicant) has requested an extension to the interim order made in respect of Application 0361-2001. The interim order sought to be extended was made by an adjudicator on 19 June 2001. The order made was as follows -

I hereby order that the body corporate for Ferry Court community titles scheme 6316 must not implement a special resolution passed at its annual general meeting on 31 May 2001 that provided, “That the body corporate wall facing Ferry Road be used for advertising signage of all factories.” Until a final order to this application is made, this application is withdrawn or this order is of no effect by operation of law.

I further order that order 1 takes effect from 21 June 2001.

Section 223(1) of the Body Corporate and Community Management Act 1997 (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, about –

a)	a claimed or anticipated contravention of the Act or the community management statement; or
b)	the exercise of rights or powers, or the performance of duties, under this Act or the community management statement; or
c)	a claimed or anticipated contravention of the terms, or the termination of, or the exercise of rights or powers under the terms of, or the performance of duties under the terms of an engagement contract or an authorisation contract.

Section 225(2) of the Act provides that -

An interim order –

i) has effect for a period (not longer than 3 months) stated in the order; and

j) may be extended, renewed or cancelled by the adjudicator until a final order is made; and

k) may be cancelled by a later order made by the adjudicator; and

l) if it does not lapse or is not cancelled earlier - lapses when a final order is made by the adjudicator.

I am satisfied that the making of the requested extension of the interim order is necessary until such time as a final order to this application is made, this application is withdrawn or this order is of no effect by operation of law.g19/09/2001 Brisbane