Teneriffe Park Apartments [2007] QBCCMCmr 542 (10 September 2007)

Last Updated: 26 September 2007

REFERENCE: 0720-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	28816
Name of Scheme:	Teneriffe Park Apartments
Address of Scheme:	52 Beeston Street TENERIFFE QLD 4006

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

The Body Corporate for Teneriffe Park Apartments.

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 Teneriffe Park Apartments Body Corporate shall be 30 June in place of the previous financial year end date. I further order that thereafter each successive financial year for the Teneriffe Park Apartments Body Corporate shall commence on 1 July and end on 30 June.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0720-2007

"Teneriffe Park Apartments" CTS 28816

Application
The applicant body corporate has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (Act) to change its financial year from 1 November – 31 October to 1 July – 30 June.

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 or 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 has provided minutes of the Annual General Meeting at which it was resolved to change the financial year end date to 30 June.

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 30 June.