Carribean Noosa [2003] QBCCMCmr 319 (9 January 2003)

Last Updated: 7 September 2007

C G YOUNGREFERENCE: 0017-2003

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	18211
Name of Scheme:	Carribean Noosa
Address of Scheme:	15 Noosa Parade NOOSA HEADS QLD 4567

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

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 ("the Act") and pursuant to section 229 of the Act, the next financial year-end date of the Body Corporate for Carribean Noosa Community Titles Scheme 18211 shall be 30 June 2003, in place of the previous financial year end date.

I further order that thereafter each successive financial year for the Body Corporate for Carribean Noosa Community Titles Scheme 18211 shall commence on 1 July and terminate on 30 June.C G YOUNG C G YOUNG 2n
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0017-2003

"Carribean Noosa" CTS 18211

The applicant body corporate has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 ("the Act"), quote –

"We are applying for a change of Financial Year End Date, pursuant to motion 5 of the Annual General Meeting held on 13 December 2002, that the Financial Year End Date of the scheme be changed to 30 June 2003 instead of 30 September 2003 and thereafter to be on 30 June of each subsequent years."

Section 223(1) of the Act provides that an adjudicator may make an order that is just and equitable in the circumstances (including a declaratory order) to resolve a dispute, in the context of a community titles scheme. An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 230(1)).

Section 229 provides that with the consent of the body corporate, the order of the adjudicator may include a change of the body corporate’s financial year and of the dates when future financial years begin.

The applicant body corporate wishes to change its financial year-end date to allow its annual general meetings to be convened in August or September each year rather than in November or December as is currently the case. The change will allow owners to stay in their units in a quiet letting period, to attend the annual general meeting.

The body corporate has submitted a copy of the minutes of the annual general meeting held on 13 December 2002, which includes a decision taken by those present to change the year-end date from 30 September to 30 June each year, commencing 30 June 2003.

In the circumstances, I am satisfied that the body corporate has properly consented to the proposed change of the body corporate’s financial year and that it is appropriate to make an order changing its financial year-end date to the proposed date.



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