Cambridge Heights [2003] QBCCMCmr 396 (24 February 2003)

Last Updated: 7 September 2007

RA MeekREFERENCE: 0100-2003

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	31043
Name of Scheme:	Cambridge Heights
Address of Scheme:	QUEENSLAND

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for Cambridge Heights

RA Meek
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 Cambridge Heights Community Titles Scheme 31043 shall be 31st October 2003, in place of the previous financial year end date.

I further order that thereafter, each successive financial year for the Body Corporate for Cambridge Heights Community Titles Scheme 31043, shall commence on 1 November and terminate on 31 October, respectively. 31st October 20031 November31 October

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0100-2003

"Cambridge Heights" CTS 31043

The applicant, the Body Corporate for Cambridge Heights Community Titles Scheme 31043, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote –

That the end of financial year for Cambridge Heights CTS be changed from 31 December to 31 October.

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

In the case of a body corporate established under the 1980 Act, then unless the first annual general meeting has not been held, the financial year is each year ending on the last day of the month containing the anniversary of the first annual general meeting. Alternatively, in the case of body corporate’s in respect of which the referee has made an order changing the anniversary date, the financial year is each year ending on the last date of the month containing the date fixed by the referee (see section 276(9)).

In the case of a body corporate for a community titles scheme established other than under the 1980 Act, the financial year means, unless previously changed by order of the adjudicator, the period from the establishment of the scheme until the end of the month immediately before the month when the first anniversary of the establishment of the scheme falls, and each successive period of one year from the end of the first financial year (schedule 4).

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.

In the supporting grounds, the applicant, states that there is a principal Body Corporate, and an existing subsidiary body corporate, both of which have their financial year end date at 31 October. The body corporate states that it wishes to have its financial year in line with the related bodies corporate. I note that the body corporate has resolved to this effect.

In the circumstances, I am satisfied that the body corporate has consented to the proposed change of the body corporate’s financial year, and further that it is reasonable and appropriate to make an order changing this body corporate’s financial year end date to the date as proposed by the applicant. I have ordered accordingly. 31st October 20031 November31 October