Park Royal [2008] QBCCMCmr 25 (25 January 2008)

Last Updated: 1 March 2008

REFERENCE: 0054-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	33184
Name of Scheme:	Park Royal
Address of Scheme:	351 Lake Street CAIRNS QLD 4870

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 Park Royal CTS 33184 shall be 30th November 2008 in place of the previous financial year end date. I further order that each successive financial year for the body corporate for Park Royal shall commence on 1st December and terminate on the last day of November.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0054-2008

“Park Royal” CTS 33184

APPLICATION

This is an application dated 17^th January 2008 but lodged by this Office on 25^th January 2008 by the body corporate for Park Royal CTS 33184 (the body corporate) for an order that the financial year end for the scheme be changed from 30^th September to 30^th November each year.

JURISDICTION

“Park Royal” Community Title Scheme 33184 is a community title 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 23 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 of the body corporate’s financial year and of the dates when
later financial years begin.

SUBMISSION

The application attaches minutes of an annual general meeting held on 24^th December 2007 whereby it was resolved by motion 12 and a vote 8 - 0 that the financial year end be changed to 30^th November. The body corporate says that the reason for change is so that lot-owners can hold the annual general meeting at a time that is more convenient for owners to attend.

DETERMINATION

I am satisfied that the body corporate has consented to the proposed change. 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 30^th November 2008, and future financial years will commence on 1^st December.