Mulgrave Road Apartments [2004] QBCCMCmr 48 (23 January 2004)

Last Updated: 30 September 2005

REFERENCE: 0030-2004

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	857
Name of Scheme:	Mulgrave Road Apartments
Address of Scheme:	553-561 Mulgrave Road EARLVILLE QLD 4870

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

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 ("the Act") and pursuant to section 283 of the Act, the next financial year-end date of the Body Corporate for Mulgrave Road Apartments Community Titles Scheme 857 shall be 31 July 2004, in place of the previous financial year end date. I further order that thereafter each successive financial year for the Body Corporate for Mulgrave Road Apartments Community Titles Scheme 857 shall commence on 1 August and terminate on 31 July.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0030-2004

"Mulgrave Road Apartments" CTS 857

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

"Change the body corporate’s year end from 31^st October to 31^st July."

Section 276(1)(b) of the Act provides that an adjudicator may make an order that is just and equitable in the circumstances, to resolve a dispute, in the context of a community titles scheme, about the exercise of rights or powers, or the performance of duties under this Act of the community management statement. An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 284(1) of the Act).

Section 283 of the Act specifically provides –

283. Change of body corporate’s financial year.
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 later financial years begin.

The body corporate has submitted a copy of the relevant minute of the annual general meeting held on 12 January 2004, which includes a decision taken by those present (Resolution 11) to change the year-end date from 31 October to 31 July each year.

In the circumstances, I am satisfied that the body corporate has properly consented to the proposed change of the body corporate’s financial year and that it is appropriate to make an order changing its financial year-end date to the proposed date.