Admiralty Towers II [2002] QBCCMCmr 183 (11 April 2002)

C G YOUNGREFERENCE: 0141-2002

INTERIM ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	15344
Name of Scheme:	Admiralty Towers II
Address of Scheme:	501 Queen Street BRISBANE

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

Huan Donald John FRASER, as the owner of Lot 113,



C G YOUNGI hereby order that the application for the body corporate to implement its resolution passed at the annual general meeting of 20 February 2002 to engage Ernst Body Corporate Management Pty Ltd as Body Corporate Manager, is, upon the agreement having been executed, dismissed.2n

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0141-2002

“Admiralty Towers II” CMS 15344

The applicant, Huan Fraser of Lot 113, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote -

“That the Body Corporate executes under the common seal of the Body Corporate the Administration Agreement with Ernst Body Corporate Management Pty Ltd passed at the Annual General Meeting held on 20^th February 2002 in accordance with the terms of the resolution.”

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

“That the status quo remain that the Body Corporate be prevented for unreasonably and precariously terminating the existing Administration Agreement with Ernst Body Corporate Management Pty Ltd that is currently on a month by month basis until a final determination is on the above order is given.”

Section 225(1) of the Act 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) of the Act).

Briefly, the facts of the matter are that after the motion to engage Ernst Body Corporate Management Pty Ltd was passed at the annual general meeting, the applicant was informed that the secretary, Anthony Watson-Brown had both informed the company that the committee would not be executing an agreement and issued a “voting outside committee” notice to challenge the validity of the engagement resolution. The application was lodged to ensure that the resolution was implemented.

On 7 March 2002 a copy of the application was provided to the body corporate committee inviting it to respond to the matters raised in the application. Following a series of telephone calls by this office with Mr Chris Smith, the body corporate chairperson, and after an initial statement that the committee would likely be lodging a submission, on 2 April Smith faxed that the committee, “has no intention of proceeding with any action to overturn motion 6 of the Annual General Meeting held on 20 February 2002.” On 10 April 2002 he confirmed that the agreement had been signed.

In the circumstances, it is not intended to invite further submissions regarding this matter, or to make a further order, since this decision, though an interim one as sought by the applicant, is final in its determination of this matter. If the applicant considers that an appeal of this decision is warranted, then it should appeal the interim order.

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