Castlebrook [2003] QBCCMCmr 381 (13 February 2003)

Last Updated: 7 September 2007

P J HANLYREFERENCE: 0518-2002

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	19372
Name of Scheme:	Castlebrook
Address of Scheme:	37 / 18 Denver Road CARSELDINE QLD 4034

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

Garry Noel Leaman, the co-owner of lot 37, and the resident manager of the scheme



I hereby order that the application for an order:

a) That Castlebrook body corporate committee is ordered to put into effect all resolutions passed at the extraordinary general meeting of 16 August 2002. In particular, it should rescind its letter to me dated 3 July 2002.

b) The notice to me dated 9 August 2002 is also rescinded as it states that it replaces the notice of 3 July 2002.

c) The body corporate pay me, as soon as possible, any amounts due on invoices I have submitted up to the date of this order and that any future invoices will be processed for payment as usual.

is dismissed.


STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0518-2002

"Castlebrook" CTS 19372

The applicant, Garry Noel Leaman, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote -

d) That Castlebrook body corporate committee is ordered to put into effect all resolutions passed at the extraordinary general meeting of 16 August 2002. In particular, it should rescind its letter to me dated 3 July 2002.

e) The notice to me dated 9 August 2002 is also rescinded as it states that it replaces the notice of 3 July 2002.

f) The body corporate pay me, as soon as possible, any amounts due on invoices I have submitted up to the date of this order and that any future invoices will be processed for payment as usual.

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, 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)).

A submission was sought from the body corporate manager. Prior to that, however, an order was made in application 0496-2002, as follows:

I hereby order that as from the date of this order, all present Castlebrook committee members shall vacate their respective positions.

I further order that as from the date of this order, the body corporate manager, Barard Management Pty Ltd, shall act as administrator under section 223(3)(v)(i) of the Body Corporate and Community Management Act 1997 until a new committee has been elected.

I further order that within seven (7) days of the date of this order, Barard Management Pty Ltd shall forward a copy of this order and the accompanying Statement of Adjudicator’s Reasons for Decision to all owners.

I further order that within seven (7) days of the date of this order, Barard Management Pty Ltd shall forward to all owners a notice inviting nominations for the committee, which notice shall allow a further fourteen (14) days within which it is to be returned to Barard Management Pty Ltd.

I further order that Barard Management Pty Ltd shall, within 1 month of the date of this order, give a notice of general meeting (to be held at least twenty-one (21) days after the notice is given) for the purposes of holding a committee election, and for the consideration of any motions which are in the hands of Barard Management Pty Ltd within twenty-one (21) days of the date of this order.

I further order that the committee election shall be conducted by secret ballot.

On 17 October 2002, the body corporate manager stated, in part, as follows:

In relation to the applicant’s request for orders, Barard Management Pty Ltd has carried out the following matters passed at the extraordinary general meeting held on 16 August 2002.

Motion 2 – No action taken as a committee does not currently exist.

Motion 3 – Reinstated Garry Leaman as resident unit manager of Castlebrook

Motion 4 – Asked that Garry Leaman recommence his caretaking duties under his management agreement

Motion 5 – No action taken other than to reinstate Mr Leaman to his position as mentioned above

Motion 6 – Paid Garry Leaman all money owning to him under his management agreement. Mr Leaman has claimed additional money for bank interest issued against a loan from his bank however I feel that this claim requires approval in the forthcoming extraordinary general meeting and such a motion will be considered on 31 October 2002.

The orders sought by the applicant have effectively been overtaken by subsequent events. I have therefore dismissed the application in its entirety.2n