Dalrymple Apartments [2004] QBCCMCmr 524 (2 November 2004)

Last Updated: 30 September 2005

REFERENCE: 0680-2004

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	31712
Name of Scheme:	Dalrymple Apartments
Address of Scheme:	2 Greenslopes Street North Cairns 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 Dalrymple Apartments Community Titles Scheme 31712 shall be 31 July 2005, in place of the previous financial year end date. I further order that thereafter each successive financial year for the Body Corporate for Dalrymple Apartments Community Titles Scheme 31712 shall commence on 1 August and terminate on 31 July.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0680-2004

"Dalrymple Apartments" CTS 31712

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

"To change financial year end to 31 July, as per ordinary resolution carried at EGM held on 6 August 2004, in order that the layered scheme can function smoothly."

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 applicant body corporate wishes to change its financial year-end date for consistency with other bodies corporate within the layered scheme.

The body corporate has submitted a copy of the relevant minute of the extraordinary general meeting held on 6 August 2004, which includes a decision taken by those present (Resolution 2) to change the year-end date 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.