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Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders |
RA MeekREFERENCE: 0663-2001
ORDER OF AN ADJUDICATOR
MADE UNDER
PART 10 OF CHAPTER 6
BODY CORPORATE AND COMMUNITY
MANAGEMENT ACT 1997
| Number of Scheme: | 14097 |
| Name of Scheme: | Anchorage |
| Address of Scheme: | 32 - 38 Riverview Parade SURFERS PARADISE QLD 4217 |
TAKE NOTICE that pursuant to an application made under the abovementioned Act by the
Body Corporate for
Anchorage
RA
MeekI hereby order that the application by the Body Corporate for Anchorage
for final orders that
1. The body corporate’s former manager, Mr Goldstein, deliver all cheques in his possession or control relating to payment of levies in the body corporate to the secretary within 7 days. 2. The body corporate’s former manager, Mr Goldstein deliver all body corporate records and documents in his possession or control to the secretary within 7 days,
is dismissed.
n
STATEMENT OF ADJUDICATOR’S REASONS FOR
DECISION - REF 0663-2001
“Anchorage” CMS
14097
The applicant, the Body Corporate for Anchorage, has sought the following
orders of an adjudicator under the Body Corporate and Community
Management Act
1997 (the Act), quote -
3. The body corporate’s former manager, Mr Goldstein, deliver all cheques in his possession or control relating to payment of levies in the body corporate to the secretary within 7 days. 4. The body corporate’s former manager, Mr Goldstein deliver all body corporate records and documents in his possession or control to the secretary within 7 days.
The applicant body corporate also sought interim orders in the
same terms as the above final orders.
As the adjudicator appointed to
investigate this application, I wrote to the applicant care of its body
corporate manager on 13 November
2001 requesting certain further information. To
date, that further information has not been provided despite several telephone
attendances
by this office to obtain the same.
In the circumstances, I
am of the view that the applicant is either unable or unwilling to supply the
requested information, and consequently
I intend to dismiss the application. I
further consider that dismissal is appropriate given that the application was
originally made
on 26 October, 2001. If consider that if there is a further
issue to be determined, then a fresh application will need to be made,
with up
to date information regarding the matter the subject of the application.
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URL: http://www.austlii.edu.au/au/cases/qld/QBCCMCmr/2002/4.html