Hope Island Marina [2009] QBCCMCmr 284 (6 August 2009)

Last Updated: 17 September 2009

REFERENCE: 0713-2009

ORDER OF A REFEREE

MADE UNDER PART V

BUILDING UNITS AND GROUP TITLES ACT 1980

Name of Parcel:	Hope Island Marina
Number of Plan:	Group Titles Plan 107336
Address of Parcel:	Santa Barbara Road HOPE ISLAND QLD 4212

TAKE NOTICE that pursuant to an application made under section 94A of the Building Units and Group Titles Act 1980 by The Proprietors Hope Island Marina Group Titles Plan 107336

I hereby order that 1 August 2010 shall, for the purposes of the Building Units and Group Titles Act 1980 be taken to be the anniversary of the first annual general meeting of the body corporate for Hope Island Marina Group Titles Plan 107336. Each subsequent anniversary of this date shall for the purposes of the Act be taken to be an anniversary of the first annual general meeting of the Body Corporate in place of the anniversary of the date on which the first annual general meeting was in fact held.

STATEMENT OF REFEREE’S REASONS FOR DECISION - 0713-2009

“Hope Island Marina” GTP 107336

Application
The Body Corporate seeks an order under section 94A of the Building Units and Group Titles Act 1980 (BUGT Act) to vary the anniversary of the first annual general meeting of the Body Corporate to 1 August.

Jurisdiction
Hope Island Marina Group Titles Plan 107336 is a plan for the Integrated Resort Development Act 1987 (IRD Act). The BUGT Act applies for the operation of the IRD Act (section 5A, BUGT Act).

Section 94A of the BUGT Act provides:

94A Order varying anniversary of first annual general meeting of body corporate

Where, pursuant to an application by a body corporate for an order under this section, the referee considers that it is reasonable so to do, the referee may order that a date specified in the order and occurring after the order is made shall, for the purposes of this Act, be taken to be the anniversary of the first annual general meeting of the body corporate whereupon each subsequent anniversary of that date shall for the purposes of this Act be taken to be an anniversary of the first annual general meeting of the body corporate in place of the anniversary of the date on which the first annual general meeting was in fact held.

Determination
At the First Annual General Meeting of the Body Corporate held on 25 June 2009, the Body Corporate resolved: ”...to vary the anniversary of the First Annual General Meeting to be 1st August...” The minuted preamble to the resolution stated: “...the Anniversary date of the First Annual General Meeting should be varied so as to align the financial year-end dates of Hope Island Marina Body Corporate GTP 107336 with the financial year ends of the Hope Island Resort Primary Thoroughfare Body Corporate. This will have the effect of enabling the interlinked budgets of all bodies corporate to be determined in tandem”.

The Body Corporate submits that currently its financial year ends on 30 June and the financial year of the principal body corporate and the primary thoroughfare body corporate end on 31 May. It states that as its budget and those of the principal body corporate and the primary thoroughfare body corporate are intertwined due to the contributions payable by the Body Corporate to the principal body corporate, problems will arise before the financial years of the principal body corporate and the primary thoroughfare body corporate end. For this reason, the Body Corporate requests that the anniversary date of its First Annual General Meeting be varied to 1 August.

In the circumstances, I consider that it is reasonable to make the order sought. n31st July 20011 August31 July