Village Square [2003] QBCCMCmr 364 (3 February 2003)

Last Updated: 7 September 2007

RA MeekREFERENCE: 0071-2003

INTERIM ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	24715
Name of Scheme:	Village Square
Address of Scheme:	2 Sickle Avenue HOPE ISLAND QLD 4212

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

Village Square Securities Pty Ltd, a company entitled to immediate registration of 80 lots in the scheme



RA MeekI hereby order that the application by Village Square Securities Pty Ltd, a company entitled to immediate registration of 80 lots in the scheme, for an interim order of an adjudicator that the outcome of motions 17, 18 and 28 be declared to be in dispute until such time as this application is resolved or withdrawn, is dismissed.

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STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0071-2003

"Village Square" CMS 24715

The applicant, Village Square Securities Pty Ltd, a company entitled to immediate registration of 80 lots in the scheme, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote -

1. That motions 17, 18 and 28 of the January 14, 2003 AGM of Village Square could not be withdrawn by the proposer of the motions of extenuation circumstances.

2. That motions 17, 18 and 28 stand and be resolved as per voting results recorded taking into account that nine (9) votes eligible from the floor would not have changed the outcome regardless of which way those nine (9) votes were directed.

The Applicant has also sought the following interim order of an adjudicator, quote -

That the outcome of motions 17, 18 and 28 be declared to be in dispute until such time as this application is resolved or withdrawn.

Section 225(1) 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)).

I intend to dismiss this application for an interim order, only for the reason that the interim order sought does not in any way advance what the applicant is seeking to achieve. The fact of this application being made is sufficient to put the withdrawal of motions 17, 18 and 28 into a dispute context, without there being any need to order that this is in fact the case.

This matter will now be investigated in accordance with the usual processes undertaken by this office. In the circumstances however, I intend to seek a submission in respect of the final orders sought only from the respondent named in the application, Mr Vine. A final order regarding the application will be made in due course.