Bunya Mountains Titles [2001] QBCCMCmr 589 (20 November 2001)

C G YOUNGREFERENCE: 0694-2001

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	21419
Name of Scheme:	Bunya Mountains Titles
Address of Scheme:	Bunya Avenue Bunya Mountains via Dalby MS 501 DALBY QLD 4405

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 Bunya Mountains Titles Community Titles Scheme 21419 shall be 30 June 2002, in place of the previous financial year end date.

I further order that thereafter each successive financial year for the Body Corporate for Bunya Mountains Titles Community Titles Scheme 21419 shall commence on 1 July and terminate on 30 June.C G YOUNG 2n
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0694-2001

“Bunya Mountains Titles” CTS 21419

The applicant body corporate has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote –

“Change of end of Financial Year from 31^st May to June 30th.”

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 it coincides with the end of the taxation year for accounting purposes. It has submitted a copy of the minutes of the annual general meeting held on 16 August 1998 which includes a decision taken by those present in respect of a motion to change the year-end date to 30 June each year. This resolution was not acted upon until now.

Despite the delay, in the circumstances I am satisfied that the body corporate has properly consented to the proposed change of the body corporate’s financial year and that it is appropriate to make an order changing it to the proposed date of 30 June from 31 May.