Dehys [2003] QBCCMCmr 366 (4 February 2003)

Last Updated: 7 September 2007

RA MeekREFERENCE: 0587-2002

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	5752
Name of Scheme:	Dehys
Address of Scheme:	38 Galloway Drive, ASHMORE Q 4214

TAKE NOTICE that pursuant to an application made under the abovementioned Act by Constance May Glyde, the owner of lot 3 and David Leslie Hall and Kimberly Ann Hall, the owners of lot 1

RA MeekI hereby order that the AGM of the body corporate convened and held on 16 September 2002 is invalid and of no effect.

I further order that on Thursday 6 February 2003 at 9 am, the holder of the body corporate books and records, Mr Alan Oldham shall deliver those books and records to the elected secretary, Mrs Constance Glyde at her address at 3/38 Galloway Drive, Ashmore.
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0587-2002

"Dehys" CTS 5752

The applicants, Constance May Glyde, the owner of lot 3 and David Leslie Hall and Kimberly Ann Hall, the owners of lot 1, have sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote -

Order seeking that the AGM of the body corporate be invalidated.

Section 223(1) 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, about –

a) a claimed or anticipated contravention of the Act or the community management statement; or

b) the exercise of rights or powers, or the performance of duties, under this Act or the community management statement; or

c) a claimed or anticipated contravention of the terms, or the termination of, or the exercise of rights or powers under the terms of, or the performance of duties under the terms of an engagement contract or an authorisation contract.

An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 223(2)). An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 230(1)).

The application sought that the AGM for 2002, convened by Mr Oldham, for 16 September 2002 be invalidated, for lack of notice, and lack of notice inviting nominations.

On 3 February 2003, I convened a teleconference between Mrs Glyde and Mr Oldham to discuss the application. Mr Oldham informed me that he had resigned as Secretary, treasurer and manager on 30^th September 2002, and Mrs Glyde informed me that she had since that date convened a further meeting of the body corporate for 24 October 2002, at which both she and Mr Hall, the co-applicant, were elected as executive members of the committee. I noted that Mr Oldham had no objection to this meeting.

In the teleconference, I considered the validity of the original meeting convened by Mr Oldham, and advised the parties that I considered that that meeting should be invalidated, not for the reason of lack of notice as all the applicants were nevertheless able to attend notwithstanding the shortened notice period, but rather for the reason of failure of Mr Oldham to seek nominations for the positions on the committee and submission of motions from owners prior to the meeting in question. I concluded that this latter aspect meant that owners were not able to fully participate in the meeting.

In these circumstances, I intend to invalidate the meeting held on 16 September 2002 as requested in the order. I note Mr Oldham indicated that he had no objection to this, and that he is no longer involved in this body corporate.



The only matter outstanding to be resolved between the parties is the return of body corporate books and records. I indicated that this could either be done by written request of the body corporate under section 152 of the standard module, or alternatively, I could order it as part of this order. I indicated that this latter was preferable to me, as it would resolve the matter absolutely.

The parties agreed that I would order the return of body corporate books and records from Mr Oldham to the current secretary, Mrs Glyde at her residential address, on Thursday 6 February at 9 am. I have ordered to this effect.

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