Isle of Palms Resort [2005] QBCCMCmr 735 (2 March 2005)

Last Updated: 13 July 2007

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

APPLICANT: THE BODY CORPORATE FOR ISLE OF PALMS RESORT CTS 20860
AND

RESPONDENT: EASTMOND ENTERPRISES PTY LTD ACN 078 200 165 AND VARINDI PTY LTD ACN 088 750 583

Order

The Adjudicator R A I Myers

2 March 2005

Originating Applications: Applications 0163 of 2004 and 0610 of 2004

IT IS ORDERED in Application 0163 of 2004 that:- 1. The Applicant file and serve an amended Application on or before 4.00pm on 4th March 2005 particularising the grounds on which the Applicant intends to rely and the declaratory orders and remedies that it will seek upon the hearing of the Application set down for 14 March 2005. 2. The Respondent file and serve on the Applicant any written objections to the Applicant’s amended Application referred to in paragraph 1 herein on or before 12.00noon 7 March 2005. 3. The Applicant give written notification to the Specialist Adjudicator and the Respondent of the affidavits, statements or any reports (or which parts or paragraphs of those documents) it intends to rely on at the hearing set down for 14 March 2005 on or before 4.00pm 4th March 2005. IT IS ORDERED in Application 0610 of 2004 that:- 4. Subject to any objection by the Applicant the Respondent file and serve an amended Application to include reference to the Remedial Action Notice breach for both the Caretaking and Letting Agreements dated 30 November 2004 on or before 4.00pm 4th March 2005. 5. The Applicant is to file and serve on the Respondent any written objections to the Respondent’s amended Application referred to in paragraph 4 herein on or before 12.00noon 7 March 2005. 6. If the Applicant and/or the Respondent intends to serve any further affidavits, statements or reports which relate to issues arising from the inclusion of the Caretaking and Letting Agreement Remedial Action Notices issued by the Applicant dated 30 November 2004, then that further material is to be filed and served on or before 4.00pm 10 March 2005. IT IS ORDERED in Applications 0163 of 2004 and 0610 of 2004 that:- 7. The Applications are to be heard the week commencing at 10.00am on 14 March 2005 at Hearing Room 7, Administrative Appeals Tribunal, Level 4, Commonwealth Law Courts, corner Tank Street and North Quay, Brisbane. 8. Costs of both parties be reserved.

R A I Myers Dated
Specialist Adjudicator