Colton Chase [2002] QBCCMCmr 83 (15 February 2002)

RA MeekREFERENCE: 0468-2001

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	6785
Name of Scheme:	Colton Chase
Address of Scheme:	12 Colton Street HIGHGATE HILL QLD 4101

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

Luke Robeson and Christopher Macaulay, the owners of lot 13, that pursuant to section 199 of the Act, it was agreed, by mediation between the parties, to resolve this dispute on the following basis:


By agreement of the parties, pursuant to section 199 of the Body Corporate and Community Management Act 1997, I hereby order RA Meekthat the owner of lot 17, Timothy Neilsen, shall by or before 30 April 2002, cause to be installed over all timber floor surfaces of his lot, carpet together with good quality, commercial grade underlay, excepting in the following timber floor surfaces of the said lot:

1. The entry area, in approximate line with the wine rack installed on the left of the entry and the storage cupboard on the right;

2. The kitchen in line with the line of the outside of the kitchen bench return;

3. The Dining room located in the north west corner of the lot adjacent to the corner balcony of the lot; and

4. The Main Bedroom located in the south west corner of the lot in approximate line with the door when closed.

I further order that the owner of lot 17, Timothy Neilsen, shall install rubber stoppers on the legs of all chairs and other movable furniture located in the Dining Room and Main Bedroom of the lot.
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STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0468-2001

“Colton Chase” CTS 6785

The applicants, Luke Robeson and Christopher Macaulay, the owners of lot 13, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) against Timothy Neilsen, the owner of lot 17, quote -

Remove the noise causing new hard wooden floor surface and return to original soft floor coverings.

In consequence of a meeting of the parties convened by the Adjudicator and held on Thursday 14 February 2002, the parties agreed to resolve their dispute by mediated agreement. Section 199 of the Act provides that the application may be subject to departmental or specialist adjudication, limited to making an order with the consent of all parties to the application, whether or not for formalising the substance of an agreement reached at mediation.

The purpose of this order is to formalise the substance of the mediated agreement reached between the parties.