Malibu [2005] QBCCMCmr 265 (19 May 2005)

Last Updated: 5 July 2005

REFERENCE: 0357-2005

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	1454
Name of Scheme:	Malibu
Address of Scheme:	281 Lake Street CAIRNS QLD 4870

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

the Body Corporate of Malibu Community Titles Scheme.

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 financial year end date for the Body Corporate for Malibu Community Titles Scheme 1454 shall be 1 April in place of the previous financial year end date.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0357-2005

"Malibu" CTS 1454

ORDER SOUGHT

The applicant body corporate has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) to approve the change in the financial year end date to 1 April in place of the previous financial year end date.

JURISDICTION

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 provides as follows:
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.

BACKGROUND

The applicant wishes to change its financial year-end date to 1 April each year and has provided a copy of the relevant minutes of the extraordinary general meeting held on 30 March 2005, which record a decision to change the year end date to 1 April each year.

DETERMINATION

In the circumstances, I am satisfied that the body corporate has properly consented to the proposed change of the financial year and that it is appropriate to make an order changing its financial year end date to 1 April.