Aqueous On Port [2008] QBCCMCmr 239 (9 July 2008)

Last Updated: 3 September 2008

REFERENCE: 0549-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	33821
Name of Scheme:	Aqueous On Port
Address of Scheme:	3 - 5 Davidson Street PORT DOUGLAS QLD 4877

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

The Body Corporate,

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 and pursuant to section 283 of that Act, the next financial year end date of the body corporate for Aqueous on Port CTS 33821 shall be 30th June 2008 in place of the previous financial year end date. I further order that each successive financial year for the body corporate for Aqueous on Port, shall commence on 1st July and terminate on the last day of June.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0549-2008

“Aqueous On Port” CTS 33821

APPLICATION

This is an application dated 26th June 2008 by the body corporate for Aqueous on Port CTS 33821 (the body corporate) for an order that the financial year end for the scheme be changed from 31st March to 30th June each year.

JURISDICTION

“Aqueous on Port” Community Titles Scheme 33821 is a community titles scheme governed by the Body Corporate and Community Management Act 1997 (the Act) and the Body Corporate and Community Management (Standard Module) Regulation 1997. There are 37 lots in the scheme.

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 the exercise of rights or powers, or the performance of duties, under the Act. An adjudicator's order may contain ancillary and consequential provisions which the adjudicator considers necessary or appropriate (section 284(1)).

Section 283 of the Act provides that, with the consent of the body corporate, the order of the adjudicator may include a change to the body corporate’s financial year and to the dates when
later financial years begin.

SUBMISSION

The application has attached to it minutes of an annual general meeting held on 20th June 2008 whereby it was resolved by motion 12 that the scheme’s financial year end date be changed to 30th June.

The body corporate says that the change is required to enable owners better to attend the annual general meeting.

DETERMINATION

I am satisfied that the body corporate has consented to the proposed change in the date of the scheme financial year. Section 283 Act couches the order which can be made in the terms of the commencement of future financial years. Thus the current financial year end will be 30th June 2008, and future financial years will commence on 1st July.