Nolan Place [2001] QBCCMCmr 6 (8 January 2001)

C G YOUNGREFERENCE: 0010-2001

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	15947
Name of Scheme:	Nolan Place
Address of Scheme:	147 George Street BUNDABERG QLD 4670

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

Michael Fabian NOLAN, a co-owner of all Lots 1 to 4,



C G YOUNGC G YOUNGI hereby order that -

1.	Beverly Joan McKinnon of McKinnon Body Corporate Administration, PO Box 606 Bulimba Qld 4171 be appointed as administrator to call, hold and chair a general meeting (“the meeting”) of “Nolan Place” within three (3) months of the date of this order.
2.	For the purpose of calling, holding and chairing the meeting, the administrator shall have all the powers of chairperson, secretary and treasurer of the body corporate, and of the committee, with the exception of the following powers –

• To further delegate any of these powers to another person; or

• To incur expenditure apart from that necessary for the calling and holding of the meeting.

3. The administrator shall hold the appointment for the period beginning from the date of this order until the close of the meeting ordered.

I further order that –

1.	Under section 42(4) of the Body Corporate and Community Management (Standard Module) Regulation 1997 (the “Standard Module”) no notice of meeting need be given.

2.	The meeting must consider and determine the matters set out in section 62(3) of the Standard Module.

3.	The meeting may consider any other motion before it.

I further order that the meeting shall be deemed to be the first annual general meeting of the scheme.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0010-2001

“Nolan Place” CTS 15947

The applicant, Michael Nolan of Lots 1 to 4, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote -

That Bev McKinnon of McKinnon Body Corp Administration, be appointed to convene the First Annual General Meeting of the Body Corporate.

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)).

An order appointing an adjudicator 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 they are the owners of all of the lots comprised in the scheme. The scheme was established as a building units plan on 25 June 1996. The applicant states that no meeting of the body corporate has ever been held. The applicant owners wish to establish an operating body corporate administering itself in accordance with the legislative requirements.

2yAs the applicant is the sole owner, notice of the ordered meeting may be dispensed with under the provisions of section 42(4) of the Standard Module. However the matters contained in section 62(3) need to be considered and the meeting minuted. The meeting shall be deemed to be the first annual general meeting.

In the circumstances I am satisfied that an order should be made in the terms authorised by section 62(4) of the Standard Module.