Angela Court [2009] QBCCMCmr 83 (4 March 2009)

Last Updated: 29 April 2009

REFERENCE: 0174-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	12108
Name of Scheme:	Angela Court
Address of Scheme:	130 Gladstone Road HIGHGATE HILL QLD 4101

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate for Angela Court community titles scheme 12108

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 and pursuant to section 283 of the Act, the next financial year end date of the body corporate for Angela Court community titles scheme 12108 is 30 April 2009. I further order that each successive financial year for the Body Corporate will commence on 1 May and end on 30 April.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0174-2009

“Angela Court” CTS 12108

The scheme
“Angela Court” community titles scheme 12108 is subject to the Body Corporate and Community Management Act 1997 (Act).

Application
This application made by the Body Corporate seeks an order to change its financial year to end on 30 April each year.

Jurisdiction
Section 276(1)(b) 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 this Act. An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (s 284(1), Act).

Section 283 of the Act specifically provides: 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 Body Corporate submits that the current financial year end date of 31 October results in the annual general meeting being held late in December or January, around the holiday and Christmas period, and that this has resulted in owners not being available to attend meetings. It is submitted that the change of financial year should result in a larger attendance at an annual general meeting.

The Body Corporate has shown that at its Annual General Meeting dated 12 February 2009 it resolved by ordinary resolution: “...to change their financial year end from 31 October 2008 to 30 April 2009.” A note to the Motion stated that “Final approval to change financial year end to 30 April 2009 is subject to approval from Commissioner for Body Corporate and Community Management...”

In the circumstances, I am satisfied that the Body Corporate has consented to the proposed change of its financial year and that it is appropriate to make an order to change the financial year end date to 30 April.