The Phoenician [2004] QBCCMCmr 369 (27 July 2004)

Last Updated: 30 September 2005

REFERENCE: 0077-2004

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	27745
Name of Scheme:	The Phoenician
Address of Scheme:	24-32 Queensland Avenue BROADBEACH QLD 4218

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

I hereby order that the application for an order that the occupier of lot 13, Mr J. Gloftis, remove tables and chairs from the common property because they obstruct the fire exit passageway, is dismissed, on the basis that Mr Gloftis is no longer the occupier of lot 13.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0077-2004

"The Phoenician" CTS 27745

The applicant has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) as follows:

That Mr Gloftis be ordered to remove tables and chairs he has placed on common property and which are obstructing the fire exit passageway.

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)).

On 3 June 2004 Mr Gloftis advised this office that he had sold his business on 21 May 2004.

On 3 June 2004 the body corporate manager advised this office by telephone that this application would be withdrawn. No further communication in this regard has been received by this office.

Clearly the application in its current form is no longer relevant. I have dismissed the application.