Barbi Court [2009] QBCCMCmr 157 (23 April 2009)

Last Updated: 7 May 2009

REFERENCE: 0357-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	12096
Name of Scheme:	Barbi Court
Address of Scheme:	8 South Street IPSWICH QLD 4305

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

Bax Property 8 South Street Pty Ltd the sole owner of Lots 1 – 6 inclusive being all lots in the scheme

I hereby order that a general meeting of the body corporate held on or before two months after the date of this order, shall be deemed to be the first annual general meeting of the body corporate provided that the general meeting so convened shall comply with the legislative requirements of the Body Corporate and Community Management Act 1997 and the Body Corporate and Community Management (Standard Module) Regulation 2008 for the holding of a first annual general meeting; and that Trevor Matthews, manager of R. Matthews and Son Pty Ltd is appointed to call and convene the general meeting in accordance with the terms of his letter referred to in the Reasons for Decision.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0357-2009

“Barbi Court” CTS 12096

APPLICATION

This is an application dated 15th April 2009 and amended on 22nd April 2009, by Bax Property 8 South Street Pty Ltd (the Applicant) which is the owner of all six lots in the scheme of Barbi Court CTS 12096 (the body corporate), for an order that the Applicant might hold a general meeting deemed to be the First Annual General Meeting of the body corporate; and that Trevor Matthews, manager of R. Matthews and Son Pty Ltd might be appointed to convene the meeting.

JURISDICTION

“Barbi Court” CTS 12096 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 2008 (Standard Module). There are 6 lots in the scheme.

Section 77 Standard Module requires that the original owner must hold the first annual general meeting for a community title scheme within 2 months after whichever is the first to happen: more than 50% of lots are no longer in the ownership of the original owner; or 6 months have elapsed after the establishment of the scheme. An adjudicator may appoint a person to hold the first annual general meeting within a stated time. (Section 77(4) Standard Module).

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 order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 276(2)).

SUBMISSIONS

The body corporate says that all lots in the scheme are owned by the Applicant, and that there are no minutes or records of a first annual general meeting having been held. It is the intention of the Applicant now to sell individual lots. The Applicant seeks permission to call and hold the first annual general meeting within a time frame to be set.

It provides a signed authorisation dated 21st April 2009 from an (un-named) director of the Applicant. Trevor Matthews, manager of R. Matthews and Son Pty Ltd has undertaken by letter dated 14th April 2009 to call the general meeting, deemed to be the first annual general meeting of the scheme, in accordance with the legislation, and at no charge.

DETERMINATION

Land Title Registry records show that the scheme was registered on 24th October 1978, thus triggering the current section 77 Standard Module.

In the circumstances, I am satisfied that this body corporate should hold its first annual general meeting as soon as possible, and that a general meeting held within two months may be deemed to be the first annual general meeting. The legislative provisions for the holding of the first annual general meeting as set out section 77 Standard Module, (and if the Applicant is the original owner, also section 79 Standard Module), shall apply.