The Anchorage - Mooloolaba [2004] QBCCMCmr 420 (1 September 2004)

Last Updated: 30 September 2005

REFERENCE: 0807-2003

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	5286
Name of Scheme:	The Anchorage – Mooloolaba
Address of Scheme:	13-15 Bindaree Crescent Mooloolaba, Queensland

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

Daryl Tenad-ii, a previous Co-owner of Lot 6:

I hereby dismiss the application for final orders concerning an extraordinary general meeting of the Body Corporate held on 4 December 2003.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0807-2003

"The Anchorage - Mooloolaba" CTS 5286

On 18 December 2003 a then co-owner of Lot, 6 Mr Daryl Tenad-ii (the Applicant) filed a dispute resolution application with the Commissioner for Body Corporate and Community Management under the Body Corporate and Community Management Act 1997 (the Act). The Applicant sought interim and final orders regarding an extraordinary general meeting of the Body Corporate held on 4 December 2003.

"The Anchorage-Mooloolaba" is a community titles scheme under the Act and the Body Corporate and Community Management (Standard Module) Regulation 1997 (the Standard Module).

On 23 December 2003, a departmental adjudicator (Ms ID Rosemann) issued the following interim orders in response to the application:

"I hereby dismiss the application for an interim order that minutes and reference from 5 Dec 03 for expenditure be invalid.

I further order that the body corporate must not implement or otherwise act upon any of the resolutions passed at the extraordinary general meeting held on 4 December 2003, pending a determination of the final order to this application.

I further order that, until the determination of the final order to this application, the body corporate committee shall comprise those persons appointed at the extraordinary general meeting held on 4 December 2003.

I further order that the secretary shall forward a copy of this order and the statement of reasons to all owners of lots in The Anchorage – Mooloolaba within fourteen (14) days of the date of this order.

I further order that this interim order has effect for a period of three months from the date of this order."

I understand that a further general meeting of the Body Corporate was held on 12 February 2004 and that this meeting reconsidered many of the matters considered by the Body Corporate at the 4 December 2003 meeting. It appears that the Applicant did not attend or present a voting paper for the later meeting. The Applicant does not appear to dispute the procedural aspects, or outcomes, of the later meeting. I also note that the Applicant did not seek an extension of Ms Rosemann’s interim order concerning the 4 December 2003 meeting.

In light of the later meeting (and following the periods allowed by the Commissioner for parties to make submissions about the application) a staff member of this Office wrote to the Applicant on 6 July 2004 and requested written advice as to the current status of the dispute and whether there were any issues in the application that remained unresolved. While the Applicant acknowledged receipt of the letter by telephone, I have not received the requested written update from the Applicant.

It has also come to my attention that the Applicant is no longer an owner of a lot included in the scheme. In fact, Department of Natural Resources, Mines and Energy records show that the Applicant ceased being an owner in March 2004.

It seems to me that the Applicant has no apparent continuing interest in the issues presented in this dispute resolution application. As a result, I have decided to dismiss the application for final orders.