339 Reedy Creek Road [2002] QBCCMCmr 48 (31 January 2002)

C G YOUNGREFERENCE: 0055-2002

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	26577
Name of Scheme:	339 Reedy Creek Road
Address of Scheme:	QUEENSLAND

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

Dynamic Portfolio Pty Ltd, formerley P & S Metal Fascia Gutter & Roofing Pty Ltd and the registered owner of Lots 1, 3 and 4,



C G YOUNGC G YOUNGI hereby order that -

1.	Australian Unit Administration Pty Ltd of 6/2431 Gold Coast Highway, Mermaid Beach Qld 4218, is appointed administrator to call, hold and chair a general meeting (“the meeting”) of “339 Reedy Creek Road” 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.

2n
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0055-2002

“339 Reedy Creek Road” CTS 26577

The applicant Dynamic Portfolio Pty Ltd is the changed name of P & S Metal Fascia Gutter & Roofing Pty Ltd the registered owner of Lots 1, 3 and 4, has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), for the appointment of an Administrator to convene a meeting to establish the body corporate as a operating entity.

Relevant Legislation:
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)).

Circumstances:
The applicant states that no body corporate records exist and there is no knowledge of the statutory first annual general meeting, or any other meeting of the body corporate, having been held. The applicant owners wish to establish an operating body corporate administering itself in accordance with the legislation.

2yAs the applicant is the owner of three of the four lots, and the fourth lot (Lot 2) is owned by a related companies, Mariposa Group Pty Ltd and Fran Holdings Pty Ltd, with identical sole directors, then I consider that, for the purposes of calling and holding the meeting under this order, no notice of the meeting need be given (see section 42(4) of the Standard Module). However the matters contained in section 62(3) need to be considered and the meeting minuted.

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