Newmarket Lodge [2009] QBCCMCmr 89 (6 March 2009)

Last Updated: 29 April 2009

REFERENCE: 0171-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	13001
Name of Scheme:	Newmarket Lodge
Address of Scheme:	36 Terrace Street NEWMARKET QLD 4051

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate for Newmarket Lodge community titles scheme 13001

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 Newmarket Lodge community titles scheme 13001 is 31 May 2009. I further order that each successive financial year for the Body Corporate will commence on 1 June and end on 31 May.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0171-2009

“Newmarket Lodge” CTS 13001

The scheme
“Newmarket Lodge” community titles scheme 13001 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 31 May 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 of 30 November 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 adjourned to 25 February 2009 it resolved by ordinary resolution to: “...change its financial year to end on 31 May each year...and the body corporate manager be authorised to prepare, endorse, seal and lodge the appropriate application for submission to the Commissioners Office.”

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 31 May.