GC3 [2008] QBCCMCmr 327 (12 September 2008)

Last Updated: 14 October 2008

REFERENCE: 0780-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	38396
Name of Scheme:	GC3
Address of Scheme:	Stanley Street WOOLLOONGABBA QLD 4102

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 GC3 CTS 38396 shall be 30th June 2009 in place of the previous financial year end date. I further order that each successive financial year for the body corporate for GC3, shall commence on 1st July and terminate on the last day of June.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0780-2008

“GC3” CTS 38396

APPLICATION

This is an application dated 9th September 2008 by the body corporate for GC3 CTS 38396 (the body corporate) for an order that the financial year end for the scheme be changed from 31st March to 30th June each year, commencing in 2009.

JURISDICTION

“GC3” Community Titles Scheme 38396 is a subsidiary scheme of Gabba Central Community Titles Scheme, the principal scheme, and governed by the Body Corporate and Community Management Act 1997 (the Act) and the Body Corporate and Community Management (Accommodation Module) Regulation 2008. There are 155 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 a reconvened annual general meeting held on 14th August 2008 whereby it was resolved by motion 19 and a vote 10 - 1 that the scheme’s financial year be altered from 31st March 2009 to 30th June 2009.

The body corporate says that the change will be beneficial to the body corporate as it will bring the scheme into line with other subsidiary schemes of the principal scheme.

DETERMINATION

I am satisfied that the body corporate has consented to the proposed change in the date of the scheme financial year, commencing next 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 2009, and future financial years will commence on 1st July.