The Peninsula [2011] QBCCMCmr 33 (4 February 2011)

Last Updated: 18 March 2011

REFERENCE: 0081-2011

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	27077
Name of Scheme:	The Peninsula
Address of Scheme:	9 - 13 The Esplanade Port Douglas QLD 4877

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

the Body Corporate for The Peninsula

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 (the Act) and pursuant to section 283 of the Act, the financial year end date of the Body Corporate for The Peninsula shall be 31 March in place of the previous financial year end date. I further order that thereafter each successive financial year of the Body Corporate for The Peninsula shall commence on 1 April and end on 31 March.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0081-2011

“The Peninsula” CTS 27077

Application

The applicant body corporate has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (Act) to change the end of financial year for the scheme to 31 March.

Jurisdiction

Section 276(1)(b) of the Act provides that an adjudicator may make an order that is just and equitable in the circumstances, 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 of the
community management statement. An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 284(1), Act).

Section 283 of the Act specifically provides as follows:

Change of body corporate’s financial year.
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 applicant body corporate for The Peninsula wishes to change the financial year for this scheme and states that at the last annual general meeting, it was resolved by ordinary resolution to change the financial year end date to 31 March.

In the circumstances, I am satisfied that the body corporate has properly consented to the proposed change of financial year and that it is appropriate to make an order changing the financial year end date to 31 March.