Talbot Manor [2002] QBCCMCmr 90 (19 February 2002)

P J HANLYREFERENCE: 0086-2002

INTERIM ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	8610
Name of Scheme:	Talbot Manor
Address of Scheme:	18 - 22 Albert Street EAGLEBY QLD 4207

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

James Alfred Glenn, the owner of lot 12.


I hereby order that the application for an interim order that motion 27, relating to payment of legal expenses by the owner of lot 12, be stricken from the agenda of the annual general meeting to be held on 28 February 2002, is dismissed.

I further order that, in the event that motion 27 is carried at the annual general meeting to be held on 28 February 2002, the body corporate shall not implement or otherwise seek to enforce the motion until a final order to this application is made.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0086-2002

“Talbot Manor” CMS 8610

The applicant, James Alfred Glenn, the owner of lot 12, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote -

That motion 27 be sticken (sic) AGM meeting scheduled to be held at 7.00pm Thursday 28^th Feb 2002

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

In any consideration of an application which seeks the making of an interim order, it is necessary to determine at the outset whether, because of the nature or urgency of the circumstances relating to the application, an interim order is in fact necessary or appropriate. The examples included in the Act under section 225(1) are suggestive of the usual circumstances where an interim order might be made. Both examples are in the nature of injunctive relief. Whilst the range of matters which might be the subject of an interim order is not capable of definition, the applicant does need to establish that the circumstances of the application warrant the making of an interim order.

An interim order will not be made, or will be refused, in circumstances where the only urgency relates to the applicant’s desire to resolve or expedite the matters in dispute, or where the nature of the circumstances are such that the matter is not capable of being dealt with in the context of an interim order. Again, it is not possible to define these circumstances. However, given that an interim order may be made ex parte (ie. without reference to, or submission from the respondent named in the matter), then as a guide, where the circumstances or matters in dispute include matters or allegations not capable of objective consideration, or ready determination, or relate to issues of credibility or character, for example, where an interim order would be inappropriate, then the request for an interim order will be refused. It is a matter for an adjudicator to determine in respect of each application.

The nature of the matters raised is not such that they can be effectively addressed or dealt with by way of an interim order. Rather, they require full investigation, including submissions from other parties to the dispute, and possibly an inspection of body corporate records, before any order can be made. Accordingly, this application for an interim order is refused. However, until such time as I complete my investigations, I propose to further order that, in the event that motion 27 is carried at the annual general meeting, the body corporate shall not implement or otherwise enforce the motion until I make my final order on this application.

This matter will now be investigated in accordance with the usual processes undertaken by this office. A final order regarding the application will be made in due course.2n