Heritage Court [2001] QBCCMCmr 383 (16 July 2001)

RA MeekREFERENCE: 0427-2001

INTERIM ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	19879
Name of Scheme:	Heritage Court
Address of Scheme:	14 Sovereign Place BOONDALL QLD 4034

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

Allan John Egen, the co-owner of lot 25



RA MeekI hereby order that the body corporate of Heritage Court shall not implement or take any further action in respect of the Notice of Continuing Contravention of A Body Corporate By-law which it issued to “Mr A and Mrs P Egan” dated 3 July 2001, until a final order to this application is made, this application is withdrawn, or this order is of no effect through operation of law.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0427-2001

“Heritage Court” CMS 19879

The applicant, Allan John Egen, the co-owner of lot 25, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote -

Permission to keep an animal on the lot (cat) after several refusals of applications being denied.

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

That notice of continuing contravention be placed on hold until resolution of dispute.

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)).

I do not intend to canvass the applicant’s grounds as part of this interim order. The grounds will be considered in the context of the final order, when submissions from other parties are available. In the circumstances however, I am prepared to make an interim order in the terms as sought, principally for the reason that from the applicant’s evidence, the cat has been kept at the lot “from in or about January 2000”. Given this, I consider that a further period of time, until this matter is determined, will not result in any substantial detriment to either party. However, this applicant should not interpret the making of this interim order as an indication of the merits of the application, or of the likely outcome.

This matter will now be investigated in accordance with the usual processes undertaken by this office. A final order regarding the application will be made in due course.

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.

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. n