1 Kurruk Close [2001] QBCCMCmr 324 (14 June 2001)

P G DanielsREFERENCE: 0299-2001

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	824
Name of Scheme:	1 Kurruk Close
Address of Scheme:	1 Kurruk Close, WHITE ROCK QLD 4869

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

Gregory Kyle Woodbridge, the owner of lots 1 and 2


P G DanielsI hereby order that Beryl Jean Thompson of NQ Body Corporate Management Pty Ltd (the appointee) of Suite 3, First Floor, Westcourt Manor, 254-256 Mulgrave Road, Cairns is appointed to call, hold and chair a general meeting (the meeting) of the Body Corporate for 1 Kurruk Close community titles scheme 824 (Kurruk Close) within 3 months of the date of this order for the purpose of the consideration of motions included on the agenda of the meeting.

I further order that, for the purposes of convening, holding and chairing the meeting, the appointee shall have all the powers, authorities, duties and functions of the chairperson, secretary and treasurer of the body corporate, with the exception of the following powers -

a) to further delegate any of those powers, authorities, duties and functions to another; or

b) to make any decision on a restricted matter within the meaning of section 26 of the Body Corporate and Community Management (Standard Module) Regulation 1997 (the Standard Module); or

to incur expenditure, in respect of a single project, beyond the relevant limit for committee spending.

I further order that -

a) 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;

b) 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 Kurruk Close.

I further order that the appointee shall hold the appointment for the period beginning from the date of this order until the completion of the meeting.

I further 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 for Kurruk Close shall be in 2002 the last day of the month preceding the month in which the meeting is held.

I further order that thereafter, each successive financial year for Kurruk Close shall commence on the first of the month in which the meeting is held and terminate on the last day of the month preceding the month in which the meeting is held.Beryl Jean Thompson of NQ Body Corporate Management Pty Ltdof Suite 3, First Floor, Westcourt Manor, 254-256 Mulgrave Road, Cairns3 n1nn
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0299-2001

“1 Kurruk Close ” CTS 824

The applicant, Gregory Kyle Woodbridge, the owner of lots 1 and 2, has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) that:

An Annual General Meeting preferably to be known as the First Annual General Meeting of the Body Corporate for ‘1 Kurruk Close’ Community Titles Scheme 824 be convened as soon as conveniently possible.

The applicant has also sought an order changing the financial year end date.

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(4) 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 administrator 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)).

Section 62 of the Body Corporate and Community Management (Standard Module) Regulation 1997 (the Standard Module) 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 there are no Body Corporate records in respect of previous meetings.

In the circumstances, I am satisfied that the appointment is necessary to authorise a person to call and hold a general meeting of the scheme, and allow it to thereafter proceed on a proper legal basis. I have made other orders setting the financial year for the Body Corporate.Beryl Jean Thompson of NQ Body Corporate Management Pty Ltdof Suite 3, First Floor, Westcourt Manor, 254-256 Mulgrave Road, Cairns3 n1nn