Hervey Bay Airport Industrial Park 2 [2008] QBCCMCmr 324 (11 September 2008)

Last Updated: 14 October 2008

REFERENCE: 0751-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	35572
Name of Scheme:	Hervey Bay Airport Industrial Park 2
Address of Scheme:	Booral Road HERVEY BAY QLD 4655

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate for Hervey Bay Airport Industrial Park 2 community titles scheme 35572

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 and pursuant to section 283 of the Act, the next financial year end date of the body corporate for Hervey Bay Airport Industrial Park 2 community titles scheme 35572 shall be 31 May 2009. I further order that thereafter each successive financial year for the Body Corporate shall commence on 1 June and end on 31 May.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0751-2008

“Hervey Bay Airport Industrial Park 2” CTS 35572

The scheme
“Hervey Bay Airport Industrial Park 2” community titles scheme 35572 is subject to the Body Corporate and Community Management Act 1997 (Act).

Application
This application is by the Body Corporate for an order to change its financial year from 1 July–30 June to 1 June–31 May.

Jurisdiction
Section 276(1)(b) 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 this Act. An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (s 284(1), Act).

Section 283 of the Act specifically provides 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 Body Corporate submits that the scheme is part of a layered arrangement and the proposed change in the financial year will be in line with the Principal Scheme and Hervey Bay Industrial Park 1 and will assist with budgeting and contribution payments.

The Body Corporate has shown that at its Annual General Meeting dated 28 August 2008 it “RESOLVED that, in accordance with Section 283 of the BCCM Act, a submission be made to the Commissioner for Body Corporate and Community Management to change the financial year end date for the Body Corporate to the 31st May in place of the previous financial year end date of 30th June in order to be in line with the Principal scheme and Hervey Bay Industrial Park 1 and further RESOLVED that each year successive financial year for the Body Corporate commence on the 1st June and end on the 31st May”.

In the circumstances, I am satisfied that the Body Corporate has properly consented to the proposed change of its financial year and that it is appropriate to make an order to change the financial year end date to 31 May.