Surfers Beachcomber [2002] QBCCMCmr 569 (11 September 2002)

DJ ReardonREFERENCE: 0549-2002

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	10411
Name of Scheme:	Surfers Beachcomber
Address of Scheme:	18 Hanlan Street SURFERS PARADISE QLD 4217

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

Kishu Railway Co Ltd, the Owner of all Lots included in the scheme,


I hereby order that-

1.	Alan Buckle of Ernst Body Corporate Management Pty Ltd, Level 3 140 Bundall Road, Bundall, is appointed as Administrator to call, hold, and chair an annual general meeting (“the meeting”), of the “Surfers Beachcomber” Body Corporate in accordance with this order and within 3 months of the date of this order.
2.	The meeting shall be deemed to be the first annual general meeting of the Body Corporate for the purposes of the Body Corporate and Community Management Act 1997 (“the Act”).
3.	The Administrator shall hold the appointment for the period beginning on the date of this order, until the close of the meeting ordered to be held.

I further order that within 7 days of the date of this order, the Administrator must provide a copy of this order, and the accompanying statement of reasons, to the Owner of the lots included in the “Surfers Beachcomber” community titles scheme (“the Lot Owner”).

I further order that-

1.	For the purpose of calling, 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 those powers to another person; or
•	To incur any expenditure apart from that reasonably necessary for the calling and holding of the meeting, except in regard to expenses that must necessarily be met and are capable of being authorised and incurred by a committee under the legislation.

2.	The Administrator must prepare an agenda for the meeting, including but not necessarily limited to, the matters set out in section 62(3), and sections 45(2), (3) and (4) of the Body Corporate and Community Management (Standard Module) Regulation 1997 (“the Standard Module”).
3.	The meeting may consider any other matter before it.
4.	The meeting must be held at least 1 day after notice of the meeting is given to the Lot Owner.
5.	At the meeting, executive positions on the committee must be chosen in accordance with section 11(3) of the Standard Module.
6.	Except as provided in this order, the meeting must be called and conducted in accordance with the Act and the Standard Module.

I further order that for the purpose of determining future financial years of the Body Corporate, the end of the month immediately preceding the month in which the meeting authorised by this order is held, shall be deemed to be the end of the financial year.
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0549-2002

“Surfers Beachcomber” CTS 10411

The Applicant, the Owner of all lots included in the scheme, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote-

“That Alan Donald Buckle of Ernst Body Corporate Management Pty Ltd be appointed as Administrator for the purposes of convening and attending to associated activities, the First Annual General Meeting of the Body Corporate”.

The Applicant has also sought the above as an interim order.

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. Generally, the purpose of an interim order is put something on hold while the main substance of the dispute is determined. The purpose of an interim order is not simply to expedite the resolution of a dispute. However, in the circumstances, I am satisfied that it is reasonable for me to make a final order for this application at this time.

Section 223(1) of the Act provides that an adjudicator may make an order that is just and equitable in the circumstances to resolve a dispute, in the context of a community titles scheme, about a claimed or anticipated contravention of the Act, or the community management statement. An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 223(2)).

Specifically, without limiting the power of an adjudicator to make an order under section 223(1), an adjudicator may order a 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)). Additionally, the adjudicator may make an order appointing an administrator, and authorise the administrator to perform obligations of the body corporate, its committee, or a member of its committee under the Act or the community management statement (section 223(3)(v)).

An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 230(1)).

The community management statement for the “Surfers Beachcomber” community titles scheme indicates that the Body Corporate and Community Management (Standard Module) Regulation 1997 (“the Standard Module”) applies to the scheme.

In the supporting grounds to the application, the Applicant states that a first annual general meeting of the Body Corporate has not been held. At the time of the creation of the “Surfers Beachcomber” Body Corporate, 1 March 1982, the Building Units and Group Titles Act 1980 (“the BUGT Act”) applied to the scheme. Section 29 of the BUGT Act imposed an obligation on the original proprietor to convene a first annual general meeting of the body corporate. Section 60 of the Standard Module sets an ongoing requirement for bodies corporate to call and hold an annual general meeting within 3 months after the end of each of the scheme’s financial years.

If the original owner fails to convene a first annual general meeting of the Body Corporate, an adjudicator may appoint an administrator to convene a first annual general meeting for the purposes of establishing the Body Corporate on a proper legal footing, and to facilitate the creation of proper records and documents for the Body Corporate.

I have before me a copy of a letter from Mr Buckle dated 20 August 2002 confirming his consent to the appointment as administrator for the purposes of convening the first annual general meeting of the Body Corporate.

In the circumstances, I am satisfied that it is necessary, and proper for me to make the order sought by the Applicant. Further, I consider that it is appropriate that I make an order setting the financial year for the Body Corporate. I have ordered accordingly.