Villa Estoril [2003] QBCCMCmr 531 (26 May 2003)

Last Updated: 10 September 2007

C G YOUNGREFERENCE: 0289-2003

INTERIM ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	16553
Name of Scheme:	Villa Estoril
Address of Scheme:	102 Indooroopilly Road TARINGA QLD 4068

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

C G YOUNGI hereby order that the application for the following interim order –

That Mr Richards be ordered to hand the books & records of the body corporate for Villa Estoril CTS 16553 to AD Body Corporate Managers in accordance with the minutes of the AGM held on April 16, 2003,

is dismissed. 2n
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0289-2003

"Villa Estoril" CTS 16553

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

"That Mr Richards be ordered to hand the books & records of the body corporate for Villa Estoril CTS 16553 to AD Body Corporate Managers in accordance with the minutes of the AGM held on April 16, 2003."

The applicant has sought an interim order in the same terms as the final order sought above.

JURISDICTION:

This is a dispute between the body corporate (the applicant), and an owner (the respondent Donald Robert Richards the owner of Lot 4), concerning the respondent’s return of the body corporate records and other assets (seal etc) consequent to the purported appointment of a Body Corporate Manager at the annual general meeting held on 16 April 2003. This is a matter that falls within the dispute resolution provisions of the legislation (see sections 227, 228 and 276 of the Act).

Section 279 of the Act 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 284 of the Act).


APPLICATION:
In accordance with section 243 of the Act, a copy of the application was provided to the respondent Richards, and to affected persons, Keith and Richard Leong the co-owners of Lot 1, with an invitation to respond to the matter of dispute raised in the application.

The brief facts of the matter are as follows. The agenda for the annual general meeting for ( April 2003 included Motion 17 for the appointment of AD Body Corporate Managers & Consultants Pty Ltd as Body Corporate Manager to the scheme.

There is conflict in the views of owners as to events at the meeting and the validity of the "adjourned" meeting held on 16 April 2003. These matters are the subject of a dispute already before this office upon the application of Richards, namely Application 281-03. Submissions have been sought in respect of that application and the closing date for the applicant (Richards) to reply to any submission has been set as 6 June 2003.


DETERMINATION:
Because the commonality of the matters raised in both this application and Application 281-2003, and that a timed process has already been set in respect of the earlier application, I cannot deal effectively with this application for an interim order. The best manner of proceeding in the matter is for both applications to be dealt with together after Application 281-2003 is available to be determined (ie after 6 June).

Accordingly, I have dismissed this application for an interim order, and the final order to this application shall be issued concurrently with the order to Application 281-2003.