Tattersall's Club [2006] QBCCMCmr 563 (3 November 2006)

Last Updated: 19 December 2006

REFERENCE: 0784-2006

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	24714
Name of Scheme:	Tattersall’s Club
Address of Scheme:	202 - 210 Edward Street BRISBANE QLD 4000

TAKE NOTICE that pursuant to an application made under the abovementioned Act by Tattersall’s Club Nominees Limited, the owner of Lot 1

I hereby order that: 1. Alan Donald Buckle of Ernst Body Corporate Management Pty Ltd of EBCM House, 33 Mein Street, Spring Hill is appointed as administrator to call, hold and chair a general meeting (the meeting) of the body corporate for "Tattersall’s Club" community titles scheme 24714 (the body corporate) in accordance with this order and within 3 months of the date of this order for the purpose of the consideration of motions included on the agenda of the meeting and deciding committee executive member positions. 2. The administrator shall hold the appointment for the period beginning on the date of this order until the close of the meeting ordered to be held. I further order that for the purposes of the Body Corporate and Community Management Act 1997 (the Act), the meeting shall be deemed to be an annual general meeting of the body corporate. I further order that for the purposes of calling and chairing the meeting, the administrator shall have all the powers of chairperson, secretary and treasurer of the body corporate and of the committee, with the exception of the following powers- 1. To further delegate any of those powers to another person; and 2. To incur any expenditure apart from that reasonably necessary for the calling and holding of the meeting, and apart from expenses that must necessarily be met and are capable of being authorised and incurred by a committee under the Act and the Body Corporate and Community Management (Standard Module) Regulation 1997 (the Standard Module). I further order that the administrator must give at least seven (7) days written notice of the meeting. I further order that the meeting shall otherwise be called and held in accordance with the Act and the Standard Module.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0784-2006

"Tattersall’s Club" CTS 24714

APPLICATION

This application is by Tattersall’s Club Nominees Limited, the owner of Lot 1 (applicant) seeking an order that Alan Donald Buckle of Ernst Body Corporate Management Pty Ltd be appointed as administrator for the purposes of convening an annual general meeting of the body corporate and attending to associated activities.

The application has been signed on behalf of the applicant by Michael Paramor acting under an authority from Peter Carroll, President of Tattersall’s Club dated 30 October 2006. The applicant has stated that the First Annual General Meeting of the body corporate was held on 27 November 2001 and that no other general meetings have been held since. The applicant states that there is no committee for the body corporate. The applicant has provided a letter dated 30 August 2006 from Alan Buckle of Ernst Body Corporate Management Pty Ltd agreeing to the nomination to being appointed as administrator for the purpose of convening an annual general meeting of the body corporate.

The applicant also submitted a letter dated 4 October 2006 from Damian Shepherd, a nominee for the owner of Lot 2, St. George Bank Limited consenting to the application to appoint Mr Buckle as administrator to re-establish the body corporate.

JURISDICTION

"Tattersall’s Club" Community Titles Scheme 24714 is a 2 lot scheme under the Body Corporate and Community Management Act 1997 (the Act) and the Body Corporate and Community Management (Standard Module) Regulation 1997 (the Standard Module).

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 claimed or anticipated contravention of the Act or the community management statement; or the exercise of rights or powers, or the performance of duties, under the Act or the community management statement. An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 276(2), Act). An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (section 284(1), Act). If an order is made appointing an administrator, the administrator has the powers given to the administrator under the order (section 301(2), Act). If an adjudicator appoints an administrator to perform obligations of the body corporate, the committee or a member of the committee, anything done by the administrator under the authority given under the order is taken to be done by the body corporate, committee or committee member (section 278, Act).

DETERMINATION

The applicant has stated that an annual general meeting of the body corporate has not been called and held since the First Annual General Meeting dated 27 November 2001. The owner of Lot 2 has supported the application. The body corporate must hold an annual general meeting each year within three months after the end of its financial year (section 60, Standard Module). The applicant has nominated Alan Donald Buckle of Ernst Body Corporate Management to be appointed to act as an administrator for the purposes of convening an annual general meeting. The owner of Lot 2 has supported the nomination.

In the circumstances, I am satisfied that an order is necessary to appoint an administrator to enable the body corporate to hold an annual general meeting and I have made an order to this effect.