Decisions table

BY-LAWS – whether the respondent has undertaken work in his lot in breach of the by-laws – whether orders are warranted. Act, ss 182-186

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. REFEREE POWERS – whether Adjudicator can be satisfied that an application raises a serious legal question and the balance of convenience between the parties justifies injunctive relief. SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") Australian Broadcasting Corporation v O'Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act, s 279

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

REQUESTED GENERAL MEETING – where the applicants requested a general meeting to be called to consider their motions – where no meeting was called or held – whether orders are warranted – COSTS – whether the applicants should be reimbursed the application fee. Standard Module, ss 82, 84, 85, 222

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Whether owner has failed to maintain lot in good condition Accommodation Module, s 201(3)

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

ANNUAL GENERAL MEETING – where the annual general meeting is to be held more than three months after end of financial year – request for order to allow the annual general meeting to be held late – whether to declare the annual general meeting will be not be invalid for being held late Accommodation Module s 73; Standard Module s 83; Commercial Module s 40

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

RECORDS – whether the body corporate failed to provide body corporate records to the applicants – COSTS – whether the applicants should be reimbursed the application fee. Act, s 205; Standard Module, ss 228, 231, 233

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. Act, ss 94(2), 100(5)

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – whether interim orders are warranted. Act, s 279

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

IMPROVEMENTS TO COMMON PROPERTY / REASONABLENESS – where the applicant sought approval for the air conditioning system installed in the upstairs bedroom of Lot 22 – where approval was not granted – whether it is unreasonable in the circumstances for the body corporate to refuse to grant approval for the air conditioning system as currently installed Act, ss 59, 94, 180, 182; Accommodation Module, ss 170, 177

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Building and Property

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

MAINTENANCE – where the applicant’s lot is affected by concrete spalling – to what extent is the body corporate responsible for rectification of the lot. Act, ss 101A, 281; Standard Module, ss 162, 180, 211

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

GENERAL MEETING – whether motions to approve rectification works were valid – whether there were 2 quotes for the work – whether the meeting complied with procedural requirements – whether the body corporate acted reasonably in passing the motions. Act, ss 94(2), 100(5); Standard Module, ss 89, 172, 173

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Distribution of insurance proceeds; responsibility for maintenance of dividing fence Act, ss 94, 311; Standard Module, ss 197, 204, 209

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

BODY CORPORATE RECORDS – whether the body corporate has validly requested the return of body corporate property - whether the respondent has failed to comply with the request. Standard Module, s 235

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

MAINTENANCE – in building format plan – whether body corporate has failed to meet their obligations- obligation of body corporate to maintain – liability for damage as a result of failure to maintain Act ss 152, 227, 228, 276, 281; Accommodation Module\_,\_ s 170. Seiwa Pty Ltd v The Owners Strata Plan 35042 [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2006/1157.html "View Case")[[2006] NSWSC 1157](/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2006/1157.html "View Case") MAGOG Pty Ltd v Body Corporate for the Moroccan [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QDC/2010/70.html "View Case")[[2010] QDC 70](/cgi-bin/viewdoc/au/cases/qld/QDC/2010/70.html "View Case") Klinger & Anor v Body Corporate for Costa D’Ora [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QDC/2007/300.html "View Case")[[2007] QDC 300.](/cgi-bin/viewdoc/au/cases/qld/QDC/2007/300.html "View Case")

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

BODY CORPORATE RECORDS; BODY CORPORATE ASSETS – whether the body corporate’s former body corporate manager returned all body corporate property as required by section 224 of the Accommodation Module; whether it must return additional body corporate property. Accommodation Module, s 224.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

EMERGENCY – MAINTENANCE – whether to authorise spending by the committee above the relevant limit for committee spending. Act, s 243A; Standard Module, s 172(1)(1)(c)

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – where the body corporate has passed resolutions to increase the scheme’s levies and to raise special levies - whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. REFEREE POWERS – whether Referee can be satisfied that an application raises a serious legal question and the balance of convenience between the parties justifies injunctive relief. SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") Australian Broadcasting Corporation v O'Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act, s 279.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

CHANGE OF FINANCIAL YEAR – whether to change the financial year end date of the Body Corporate Act, s 283

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

APPLICATION FOR INTERIM ORDER – where a motion to reappoint the body corporate manager was put forward at the scheme’s annual general meeting – where the applicant alleged the motion did not follow the correct procedure and requested it be ruled out of order – where the chairman declined to rule the motion out of order and the motion was carried – whether there are urgent circumstances to warrant granting an interim order in this case Act, ss 247, 276, 279, 284; Standard Module, ss 173

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

FINANCIAL YEAR – whether an order should be made to change the body corporate’s financial year. Act, s 283; Standard Module, s 83.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

REPLACEMENT OF TILES ON ROOFTOP TERRACES – where the applicant alleges non-compliant tiles were installed on the rooftop terraces of Lots 40 and 42 by the body corporate after it had the roofing membranes repaired – where a slipping incident occurred on the rooftop terrace of Lot 42 – whether the body corporate is responsible for having the tiles replaced Act, ss 152, 269, 270, 271, 280, 281; Accommodation Module, ss 170, 201

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

ANNUAL GENERAL MEETING – where the annual general meeting is to be held more than three months after end of financial year – whether to grant permission for the annual general meeting to be held late – whether to declare the annual general meeting will be not be invalid for being held late Standard Module s 83

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

REASONABLENESS – whether committee was empowered to authorise an improvement to common property by a lot owner – whether committee acted reasonably in putting the lot owner’s request to the body corporate at a general meeting – whether the body corporate acted reasonably in deciding not to pass the motion. Act, ss 94(2), 100(5); Standard Module, s 187

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

• The Owners – Strata Plan No 61618 owners corp
• JPG Investment Holdings Pty Ltd lot owner
• Conrad Corporation Pty Ltd lot owner

The appeal panel granted a conditional stay of orders requiring the Owners Corporation to consent to a development application pending determination of the appeal, conditional upon the appeal being ratified at a general meeting.

IMPROVEMENT TO LOT & COMMON PROPERTY; EXCLUSIVE USE –Whether lot 1 should be forced to remove improvements from common property – ESTOPPEL BY ACQUIESCENCE\_-\_ Whether an estoppel arises to prevent the body corporate from removing the improvements to common property by lot 1\_Act, ss 94, 100, 152, 159, 227, 228, 247, 276, 279;\_ Standard Module, ss 182(2)(a), 193(3)-(4), 201(2)(b); Land Title Act 1994, ss 48C, 49C(4). Birstar v The Proprietors “Ocean Breeze” [[1996] QCA 110](/cgi-bin/viewdoc/au/cases/qld/QCA/1996/110.html "View Case") Bloomfield Court [[2022] QBCCMCmr 373.](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2022/373.html "View Case") Oxford Court [[2022] QBCCMCmr 215](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2022/215.html "View Case")

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

COSTS – failed application for a stay of order transferring proceedings from Tribunal to a Court – Appeal Panel not satisfied order capable of being meaningfully stayed – whether r 38A of the Civil and Administrative Tribunal Rules 2014 (NSW) engaged or whether special circumstances warranting an order as to costs established

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

• The Owners – Strata Plan No. 77109 owners corp
• Gokani-Robins Pty Ltd party
• KCG Investments Pty Ltd party

The respondents' application for costs in relation to the appeal was dismissed, with the tribunal finding no special circumstances warranted a costs order despite the respondents being successful on the substantive appeal.

USE OF COMMON PROPERTY – whether courtyards are common property or have been allocated as exclusive use areas under a by-law – whether use of common property is interfering or causing a nuisance Act, ss 167, 170

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

UTILITY SERVICE CHARGES – where the cost of the supply of hot water is included in the administrative fund levies – where retail lots do not use the supplied hot water - whether charges associated with the cost of suppling hot water should be removed from the applicant’s levies. Act, ss 58, 196, Accommodation Module, s 200

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

BY-LAWS – where the respondents have installed artificial greenery on a visible pillar on their balcony – whether that is in breach of the by-laws – whether the greenery should be removed. Act, ss 94, 182-188

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

BY-LAWS – whether the respondent is breaching the by-laws – REPAIRS TO PROPERTY – whether the respondent removed a deck – whether the deck must be reinstated. Act, ss 167, 281; Standard Module, ss 180, 187, 211

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

• Maurice Clifford Westerweller lot owner
• The Owners – Strata Plan No 18482 owners corp

The appellant was ordered to pay the respondent's costs of the appeal as special circumstances were established, being that the appeal was misconceived and untenable and the appellant conducted the appeal in a way that unnecessarily disadvantaged the respondent.

Costs; Owners Corporations

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

• BNK Café Restaurant Pty Ltd lot owner
• The Owners – Strata Plan No. 33676 owners corp

The appeal was dismissed and leave to appeal refused; the Appeal Panel upheld the Tribunal's finding that the owners corporation did not unreasonably refuse to make the proposed by-law amendment for electrical works that would have retrospectively sanctioned unauthorised work that interfered with common property and a neighbouring lot.

BY-LAWS – whether by-laws permit common property car parks to be used by occupiers or only by visitors to the scheme – whether vehicles parking in some of those car parks are obstructing the common property roadway in breach of the by-laws Act, ss 94, 167, 185

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

GENERAL MEETING PROCEDURES – whether the body corporate can hold its annual general meeting outside the relevant legislative timeframe Act, s 227(2); Standard Module, s 83

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

• The Owners – Strata Plan No 91016 owners corp
• Upright Builders Pty Ltd builder
• Bayone Projects Pty Ltd developer
• City of Ryde Council government

Separate question ordered to determine whether City of Ryde Council is an adjacent owner under the Encroachment of Buildings Act 1922; application to amend summons refused.

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. REFEREE POWERS – whether Referee can be satisfied that an application raises a serious legal question and the balance of convenience between the parties justifies injunctive relief. SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") Australian Broadcasting Corporation v O'Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act, s 279.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

REASONABLENESS – where the body corporate passed a motion to remove two African Tulip trees at the scheme – where the applicant argues additional garden maintenance is required – whether the body corporate has acted unreasonably MOTIONS RULED OUT OF ORDER – where the person chairing the scheme’s 2022 AGM ruled Motions 14 and 15 “out of order” – whether there was a justifiable basis for making this ruling Act, ss 94, 152; Standard Module, ss 89, 98, 180, 211

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

RECOVERY COSTS – where the applicant was levied an “arrears/adjustments” fee and paid it notwithstanding his view that it was not properly owed; whether he is now entitled to have the transaction reversed. Act, ss 40, 75(7), 77(1).

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDERS – CONSENT – where applicant disputes the validity of resolutions passed at AGM – where interim order sought to restrain implementation – where new committee consents to interim order – whether to make interim order. Act, s 279

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Whether committee resolution authorising erection of fence is invalid. Act, ss 100(5), 163; Accommodation Module, s 176

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – whether an interim order is warranted. Act, s 279

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

BY-LAWS – NUISANCE - whether the respondents are parking vehicles on common property in breach of the by-laws and the legislation. Act, ss 167, 182-188

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

AGM RESOLUTION; IMPROVEMENT TO EXCLUSIVE USE AREA – where the body corporate passed a motion to rescind an earlier approval for an improvement to an exclusive use area with a view to having the improvement removed to facilitate maintenance and ongoing monitoring of common property beneath it; whether the motion should be declared void because the body corporate misled owners; whether the body corporate acted unreasonably by denying the applicant sufficient opportunity to obtain his own expert report before voting on the motion, or by deciding to revoke approval when the applicant was willing to facilitate access to the common property beneath the improvement for the purpose of the proposed maintenance. Act, ss 20, 94, 163; Standard Module, ss 116, 193.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

BREACH OF BY-LAWS – where the respondent is storing used tyres on common property without permission from the body corporate and in contravention of specific requirements set by the scheme’s insurer – whether the respondent is in breach of the scheme’s by-laws. Act, ss 59, 94, 167, 182, 183

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

APPLICATION FOR INTERIM ORDER – where the body corporate has refused the applicant permission to keep pets in Unit 5 at the scheme – whether there are circumstances to warrant granting an interim order in this case Act, ss 94, 100, 247

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

REASONABLENESS – where lot owners sought approval under by-laws to redevelop their lot, whether committee acted reasonably in deciding not to approve redevelopment. Act, ss 94(2), 100(5)

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.