Point O'Halloran Close [2009] QBCCMCmr 401 (15 October 2009)

Last Updated: 13 November 2009

REFERENCE: 0904-2009

INTERIM ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	28775
Name of Scheme:	Point O’Halloran Close
Address of Scheme:	42 Point O’Halloran Road VICTORIA POINT QLD 4165

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

Ursula Lee, the Owner(s) of lot 7

I hereby order that, pending a final determination, the body corporate for Point O’Halloran Close must not take any action to implement a resolution passed at the extraordinary general meeting on 18 September 2009 to perform the external painting of the scheme. This is an interim order and will remain in effect for a period of not longer than six months. It is the responsibility of the applicants to apply to extend this order if no final determination has been made within that period. This order will automatically lapse upon a final order being made or this application being withdrawn.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0904-2009

“Point O’Halloran Close” CTS 28775

Interim Application

Point O’Halloran Close Community Titles Scheme (POH) is a 12 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Standard Module Regulation (Standard Module).

This is an application for interim orders. It arises out of an application by Ursula Lee, owner of lot 7 (applicant) against the body corporate for POH (respondent).

Interim Orders Sought

The applicant seeks an interim order to prevent the body corporate acting upon a resolution to paint the exterior of the scheme on the basis the committee proffered a contractor who is not licensed and appears to have provided a false licence number.

The applicant also seeks a number of final orders to be considered in due course. These include that the entire last extraordinary general meeting be declared invalid and that an administrator be appointed. Further, that a body corporate manager subsequently be appointed. Also, that the body corporate repair structural damage to lots 7 and 8.

Decision

Urgent interim relief

An interim order will not be granted unless is it necessary due to the nature or urgency of the circumstances to which the application relates (Act, 279). Further, any orders granted must be just and equitable in the circumstances (Act, 276).

In determining whether it is just and equitable to grant interim relief it is relevant to briefly consider whether the application raises any serious questions for final determination. The applicant has raised a serious allegation to the effect that owners voted to appoint a painting contractor who they believed was licensed when in fact that person may not be licensed. A submission on behalf of the committee acknowledges that discrepancies with the painter’s quotations have been discovered and that the committee will be seeking further quotations on the matter.

It is also relevant to consider whether any inconvenience likely to result from the interim order is outweighed by the potential detriment alleged in the application. In the present circumstances, I am satisfied that it is appropriate to make an interim order preventing the body corporate from implementing the resolution to engage the allegedly unlicensed painter pending a final determination of the dispute.

Order

For these reasons, I make the interim order above. If necessary, a final order will be made in due course.