Harpullia [2006] QBCCMCmr 574 (10 November 2006)

Last Updated: 19 December 2006

REFERENCE: 0893-2006

ORDER OF A DELEGATE OF A REFEREE

MADE UNDER PART V

BUILDING UNITS AND GROUP TITLES ACT 1980

Name of Parcel:	Harpullia
Number of Plan	Group Titles Plan 107045
Address of Parcel:	Caseys Road, Sanctuary Cove, Queensland

TAKE NOTICE that pursuant to an application made under section 94A of the abovementioned Act by The Proprietors – Harpullia Group Titles Plan No. 107045

I hereby order that 1 January 2007 shall, for the purposes of the Building Units and Group Titles Act 1980 be taken to be the anniversary of the first annual general meeting of the body corporate for Harpullia Group Titles Plan 107045. Each subsequent anniversary of 1 January 2007 shall for the purposes of the Act be taken to be an anniversary of the first annual general meeting of the body corporate in place of the anniversary of the date on which the first annual general meeting was in fact held. n31st July 20011 August31 July

STATEMENT OF DELEGATE OF REFEREE’S REASONS FOR DECISION - REF 0893-2006

"HARPULLIA" GTP 107045

APPLICATION

The body corporate seeks an order under section 94A of the Building Units and Group Titles Act 1980 (BUGT Act) to vary the anniversary of the first annual general meeting of the body corporate to 1 January.

JURISDICTION

"Harpullia" Group Titles Plan 107045 is a plan for the Sanctuary Cove Resort Act 1985 (the SCR Act). The BUGT Act applies for the operation of the SCR Act (section 5A, BUGT Act) and continues to apply to a group titles plan subject to the SCR Act (section 328, Body Corporate and Community Management Act 1997).

Section 94A of the BUGT Act provides:

94A Order varying anniversary of first annual general meeting of body corporate

Where, pursuant to an application by a body corporate for an order under this section, the referee considers that it is reasonable so to do, the referee may order that a date specified in the order and occurring after the order is made shall, for the purposes of this Act, be taken to be the anniversary of the first annual general meeting of the body corporate whereupon each subsequent anniversary of that date shall for the purposes of this Act be taken to be an anniversary of the first annual general meeting of the body corporate in place of the anniversary of the date on which the first annual general meeting was in fact held.

DETERMINATION

At the adjourned Extraordinary General Meeting held on 28 September 2006, the body corporate resolved to "seek an order from a referee under section 94A of the Building Units and Group Titles Act 1980 to vary the anniversary of the First Annual General Meeting of the Body Corporate to 1^st January". The minuted preamble to the resolution stated (in part) that the "Principal Body Corporate (PBC) has formulated a process in which the Financial Year Ends of PBC, Primary Thoroughfare Body Corporate (PTBC) and all Residential Bodies Corporate (RBC) are the same". The minutes of the committee meeting dated 18 August 2006 relevantly state that the current end of financial year for the PBC and the PTBC is 30 June and the current end of the financial year for the residential bodies corporate is 31 July. The varying of the anniversary date to 1 January will change the financial year end to 31 October which will align the financial year end with the PBC and the PTBC.

This application implements the resolution at the adjourned Extraordinary General Meeting held on 28 September 2006. In the circumstances, I consider that it is reasonable to make an order varying the anniversary of the first annual general meeting to 1 January 2007. n31st July 20011 August31 July