Calypso Plaza Cairns Apartments [2001] QBCCMCmr 401 (23 July 2001)

C G YOUNGREFERENCE: 0444-2001

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	27715
Name of Scheme:	Calypso Plaza Cairns Apartments
Address of Scheme:	116-118 Bundall Road BUNDALL QLD 4217

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

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 Calypso Plaza Cairns Apartments Community Titles Scheme 27715 shall be 30 September 2001, in place of the previous financial year end date.

I further order that thereafter each successive financial year for the Body Corporate for Calypso Plaza Cairns Apartments Community Titles Scheme 27715 shall commence on 1 October and terminate on 30 September.xxnxxxxxxxx
C G YOUNG 2n
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0444-2001

“Calypso Plaza Cairns Apartments” CTS 27715

The applicant Body Corporate for Calypso Plaza Cairns Apartments has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote –

“That pursuant to section 229 of the Act, the next financial year end date of the Body Corporate for Calypso Plaza Cairns Apartments Community Titles Scheme 27715 shall be 30^th September in place of the previous financial year end date, in accordance with the approval granted at the Annual General Meeting of the Body Corporate for Calypso Plaza Cairns Apartments Community Titles Scheme 27715, held on the 22^nd June 2001.”

Section 223(1) of 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. 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 bodies corporate 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.

The applicant body corporate wishes to change its financial year-end date so that its annual general meetings can be held shortly after the annual general meeting of the Principal Body Corporate whose financial year-end date is 31 August. This will provide for a more convenient accounting of the annual contribution payable to the Principal Body Corporate.

The body corporate has submitted a copy of the minutes of its annual general meeting held on 22 June 2001 which includes a resolution, Resolution 4, to approve the change in the financial year-end date from 31 January to 30 September each year.

In the circumstances, I am satisfied that the body corporate has consented to the proposed change in the body corporate’s financial year and that it is appropriate to make an order for that change.