Genesis Coomera 02 [2009] QBCCMCmr 181 (8 May 2009)

Last Updated: 3 June 2009

REFERENCE: 0435-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	37725
Name of Scheme:	Genesis Coomera 02
Address of Scheme:	QUEENSLAND

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

The Body Corporate for Genesis Coomera 02.

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 Genesis Coomera 02 Body Corporate shall be 31 March in place of the previous financial year end date. I further order that thereafter each successive financial year for the Genesis Coomera 02 Body Corporate shall commence on 1 April and end on 31 March.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0435-2009

“Genesis Coomera 02” CTS 37725

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 March.

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

The applicant body corporate has provided minutes of the Annual General Meeting at which it was resolved to change the financial year end date to 31 March. This is to enable Genesis Coomera 02 to have the same financial year end dates as the Principal Body Corporate Genesis Coomera 00 and another subsidiary Body Corporate Genesis Coomera 01.

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