Underwood Centrepoint [2004] QBCCMCmr 325 (23 June 2004)

Last Updated: 30 September 2005

REFERENCE: 0307-2004

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	11029
Name of Scheme:	Underwood Centrepoint
Address of Scheme:	Cnr Welch Street & Logan Road UNDERWOOD QLD 4119

TAKE NOTICE that pursuant to an application made under the abovementioned Act by Fragle Rock Investment Pty Ltd, the owner of lot 1

I hereby order that the application by Fragle Rock Investments Pty Ltd, the owner of lot 1 for an order for the re-establishment of the AGM and election of office bearers, is dismissed

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0307-2004

"Underwood Centrepoint" CTS 11029

The applicant, Fragle Rock Investments Pty Ltd, the owner of lot 1 has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) quote -

We are seeking the re-establishment of the AGM and election of office bearers.

The applicant also sought the following interim order -

Suspension of any activities by Frank Burke Body Corporate or the previous office bearers elected on 2/10/02 until the AGM requested above is initiated by the Commissioner.

Section 276(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 the Act or the community management statement; or

(c) a claimed or anticipated contractual matter about-

(i) the engagement of a person as a body corporate manager or service contractor for a community titles scheme; or

(ii) the authorisation of a person as a letting agent for a community titles scheme.

An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 276(2)). An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (section 284(1)).

I convened a teleconference of the parties on Thursday 10 June 2004 including the representative of the applicant and the chairperson of the body corporate elected in 2002. In the teleconference, several aspects were discussed including the specifics of the application and the application of certain provisions of the legislation to the scenario at hand. At the conclusion of the teleconference, the applicant appears to be satisfied with the matters discussed, and the intended method of proceeding, which did not include any orders being made by this office. The applicant was asked for administrative purposes to provide a written withdrawn of this application. This has to date not be forthcoming, and in the circumstances, I have elected to dismiss the application, on the basis that no further orders pursuant to the application are proposed to be made.