Duhig [2006] QBCCMCmr 385 (20 July 2006)

Last Updated: 19 December 2006

REFERENCE: 0563A-2006

ORDER OF AN REFEREE

MADE UNDER PART V

BUILDING UNITS AND GROUP TITLES ACT 1980

Number of Scheme:	BUP 106965
Name of Scheme:	Cathedral Place - Duhig
Address of Scheme:	41 Gotha Street, Fortitude Valley QLD 4006

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

the Body Corporate for Cathedral Place - Duhig

I hereby order that for the purposes of the Building Units and Group Titles Act 1980 (the Act) and pursuant to section 94A of the Act, the next anniversary date of the Body Corporate for Cathedral Place - Duhig 31st August 2006, in place of the previous anniversary date. I further order that thereafter, each successive financial year for Cathedral Place - Duhig shall commence on 1st September and terminate on 31st August of each year, respectively. n31st July 20011 August31 July

STATEMENT OF REFEREE’S REASONS FOR DECISION - REF 0563-2006

"Cathedral Place - Duhig"

The applicant, the Body Corporate for Cathedral Place - Duhig, has sought the following order of a referee under the Building Units and Group Titles Act 1980 (the Act), quote –

To confirm the anniversary of the first AGM as being the end of the financial year (31 August).

In the case of a body corporate established under the Act, then unless the first annual general meeting has not been held, the financial year is each year ending on the last day of the month containing the anniversary of the first annual general meeting. Alternatively, in the case of body corporate’s in respect of which the referee has made an order changing the anniversary date, the financial year is each year ending on the last date of the month containing the date fixed by the referee (see section 276(9)).

Section 94A provides that where the referee considers it reasonable to do so, he or she may order that a specified date be the body corporate’s future anniversary date in place of the anniversary date on which the first AGM was in fact held.

In the grounds the applicant body corporate states that "by bringing the anniversary of the first AGM in line with the financial year end date, the annual general meeting timeline would better reflect the needs of reporting for the body corporate".

I have been provided with a copy of the minutes of the AGM for Cathedral Place – Duhig held on Wednesday 28 August 2002, and reconvened on 4 September 2002 whereat it was resolved that in accordance with section 172A of the Mixed Use Development Act 1993, to change the financial year end date for the body corporate to 31^st August.

In the circumstances, I am satisfied that the body corporate has consented to the proposed change of the body corporate’s financial year anniversary date, and further that it is reasonable and appropriate to make an order changing this body corporate’s financial year anniversary date to the date as proposed. I have ordered accordingly. n31st July 20011 August31 July