Quay West Brisbane [2005] QBCCMCmr 590 (25 October 2005)

Last Updated: 19 July 2006

REFERENCE: 0751-2005

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	16610
Name of Scheme:	Quay West Brisbane
Address of Scheme:	132 Alice Street BRISBANE QLD 4000

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

the Body Corporate of Quay West Brisbane.

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 (the Act) and pursuant to section 229 of the Act, the next financial year end date of the Body Corporate for Quay West Brisbane Community Titles Scheme 16610 shall be 30 June 2006 in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for Quay West Brisbane Community Titles Scheme 16610 shall commence on 1 July and terminate on 30 June the next year, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0751-2005

"Quay West Brisbane" CTS 16610

APPLICATION

The applicant, the body corporate for Quay West Brisbane Community Titles Scheme 16610 has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) :

to change the financial year end from the 30^th November to the 30^th June due to problems arising in trying to finalise budgets and obtain quotes over the Christmas and New Year period

JURISDICTION

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.
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.

DETERMINATION

The applicant body corporate states that it resolved at an EGM held on 21 September as follows:

That the Committee make an application with the Commissioners Office to seek approval to change the financial year end of the body corporate of Quay West CTS 16610 to change it from 30 November to the new date of the 30 June.

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.