Redgums Two [2002] QBCCMCmr 227 (22 April 2002)

DJ ReardonREFERENCE: 0124-2002

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	6407
Name of Scheme:	Redgums Two
Address of Scheme:	158 North Road LOGAN CITY QLD 4114

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

Seppo Tapio Hamalainen and Maria Hamalainen, the Owners of Lot 7

DJ ReardonI hereby order that the application for the following order

“We haven’t had a body corporate meeting for two years-we want a new and local body corporate”

is dismissed. 2y
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0124-2002

“Redgums Two” CTS 6407

The applicants, the Owners of Lot 7, have sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote -

“We haven’t had a body corporate meeting for two years-we want a new and local body corporate.”

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, about –

a)	a claimed or anticipated contravention of the Act or the community management statement; or
b)	the exercise of rights or powers, or the performance of duties, under this Act or the community management statement; or
c)	a claimed or anticipated contravention of the terms, or the termination of, or the exercise of rights or powers under the terms of, or the performance of duties under the terms of an engagement contract or an authorisation contract.

An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 223(2)). An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 230(1)).

This is 1 of 5 applications currently before the Office of the Commissioner for Body Corporate and Community Management relating to the “Redgums Two” community titles scheme. Each of the applications appears to be seeking an order authorising the convening and holding of a general meeting of the Body Corporate. An order in these terms has been made in relation to application 0123-2002. As a result, it is not necessary to order in the terms sought by the applicant in this matter, and I intend to dismiss the application. However, interested parties should refer to my order and statement of reasons in relation to application 0123-2002.