5 Short Street [2008] QBCCMCmr 74 (4 March 2008)

Last Updated: 18 April 2008

REFERENCE: 0180-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	27712
Name of Scheme:	5 Short Street
Address of Scheme:	5 Short Street Cleveland QLD 4163

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

Body Corporate of 5 Short Street.

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 5 Short Street Body Corporate shall be 31 January in place of the previous financial year end date. I further order that thereafter each successive financial year for the 5 Short Street Body Corporate shall commence on 1 February and end on 31 January.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0180-2008

“5 Short Street” CTS 27712

Application

The applicant body corporate has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (Act) to change the end of financial year for the scheme to 31 January from 31 December.

In support of the application, I have been provided with a copy of the committee minutes in which both owners resolved that the financial reporting period would be 31 Januar.

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

This is a duplex scheme and I have been provided with minutes of the committee meeting at which both owners resolved to change the financial year end date to 31 January.

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