Surfers Palms North [2009] QBCCMCmr 397 (15 October 2009)

Last Updated: 13 November 2009

REFERENCE: 0385-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	20846
Name of Scheme:	Surfers Palms North
Address of Scheme:	2 St Kevins Court BENOWA QLD 4217

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

Anna Chevalier, the Owner(s) of lot 46

I hereby order that the application is dismissed.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0385-2009

“Surfers Palms North” CTS 20846

Application

Surfers Palms North Community Titles Scheme (SPN) is a 61 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Accommodation Module Regulation (Accommodation Module).

This is an application by Anna Chevalier, an owner of lot 46 (applicant) against the body corporate for SPN (respondent).

The applicant alleged that the annual general meeting was to be held on 21 May 2009 but that the committee and body corporate manager failed to provide notice of the meeting as required by the legislation. Orders were sought to require the annual general meeting to be held by an external administrator and to require the body corporate manager to provide the applicant with copies of various documents.

Decision

The subject matter of this application is closely related to another application which has already been resolved.[1] The resolution of that application means that the present application has now been overtaken by events. This is because the annual general meeting was ultimately called by an administrator with notice to owners and owners voted to appoint a new body corporate manager.

The applicant was given an opportunity to withdraw or amend her application but she has not done so. I therefore consider that I have no option but to dismiss the application.[2]

Order

For these reasons, the application is dismissed.

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[1] Surfers Palms North [2009] QBCCMCmr 358 (21 September 2009).
[2] Tully v The Proprietors, The Nelson Body Corporate [2000] QDC 31, PD Robin QC, 10 March 2000.