Cutters Landing [2007] QBCCMCmr 469 (6 August 2007)

Last Updated: 16 August 2007

REFERENCE: 0646-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	31264
Name of Scheme:	Cutters Landing
Address of Scheme:	71 Davenport Street SOUTHPORT QLD 4215

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

The Body Corporate for Cutters Landing.

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 (the Act) and pursuant to section 283 of the Act, the financial year end date of the Body Corporate for Cutters Landing CTS 31264, shall be changed to 30 April.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0646-2007

"Cutters Landing" CTS 31264

The applicant body corporate has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (Act) to change the end of financial year for the scheme to 30 April.

Jurisdiction

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), Act).

Section 283 of the Act specifically provides as follows:

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 wishes to change its financial year end date to 30 April.
This scheme shares facilities with various other subsidiary body corporates at Cutters Landing and by adopting the same financial year end date as those bodies corporate, budgets and cost sharing arrangements will be easier to manage.

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 to change the financial year end date to the proposed date.