Decisions table

INTERIM ORDER – where the applicant disputes a general meeting resolution - whether an interim order should be made. BUGT Act, s 76

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

• The Owners – Strata Plan No 90189 owners corp
• Parkview Constructions Pty Ltd builder

The defendant's motion for an advance ruling under section 192A of the Evidence Act seeking to exclude expert reports was dismissed, and the plaintiff was awarded indemnity costs from the date of the Calderbank letter because the defendant's rejection of the walk away offer was unreasonable given the motion's lack of merit and the plaintiff's prior warnings.

PRACTICE AND PROCEDURE – adjournment – application by plaintiff on morning of hearing – no basis – evidence provided inadequate – no utility in granting adjournment – application for adjournment refused

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

• Darren De-La-Garde lot owner
• The Owners – Strata Plan No 3260 owners corp

The parties settled all substantive issues by consent; the Tribunal ordered the respondent to pay 60% of the applicant's costs on the ordinary basis, rejecting the applicant's claim for indemnity costs.

GENERAL MEETING PROCEDURES – whether motions submitted by the applicant were incorrectly ruled out of order – whether a notice to request a general meeting was valid – whether the meeting and motions passed at the meeting were valid. Act, ss 94(2), 100(5), 119; Accommodation Module, ss 39, 74, 75, 80, 88, 210, 211

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

ADMINISTRATOR – where lot owner alleges financial mismanagement, disputes about maintenance, contraventions of the code of conduct for committee members, lack of access to body corporate records, failure to regularise exclusive use of common property, refusal to authorise improvements, and refusal to enforce a pets by-law – where applicant seeks indefinite appointment of an admninsitrator – whether an administrator appointment is warranted Act, ss 278, 301

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

BY-LAWS; UNREASONABLE INTERFERENCE – whether impact noise from new vinyl flooring contravenes a noise by-law or unreasonably interferes with the use and enjoyment of the lot below; whether the flooring should be altered to comply with the minimum standard of impact insulation required by the National Construction Code. Act, s 167(b).

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

Whether body corporate acted reasonably in not passing motion to retrospectively approve improvements by lot owner. Act, ss 35, 94, 152; Small Schemes Module, ss 106, 112

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

Whether proposed improvements were not approved because of opposition that was unreasonable in the circumstances; whether unauthorised improvements to lot and common property should be removed; whether costs of investigation and repair of roof and insurance excess paid for by owner should be reimbursed by body corporate; whether roof requires repair. Act, ss 94, 167, Schedule 5 Item 24; Small Schemes Module, ss 99, 103, 106, 112, 122

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

ACCESS TO RECORDS – STANDING – where the applicants sought access to body corporate records – where applicants have sold lot since making the application – where a party to the application is no longer a person mentioned in section 227(1) Act – whether the outcome sought by the application is no longer relevant or required. Act, ss 227(1), 239C, 270(1)(e)

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

• Michael Young lot owner
• The Owners – Strata Plan No 57860 owners corp

The applicant was awarded costs of $5188.54 against the owners corporation due to special circumstances, specifically the owners corporation's unreasonable prolongation of proceedings by failing to comply with a tribunal order to repair water ingress and instead delegating its statutory repair obligation to an insurer.

• Tania Kathleen Anne Brown lot owner
• The Owners – Strata Plan 82527 owners corp

The Appeal Panel set aside the July 2022 orders by consent due to procedural irregularity in combining a civil penalty application with general orders, and remitted the matter for a fresh hearing in November 2022 with amended application to seek removal of dogs and compliance orders without the penalty.

APPLICATION FOR INTERIM ORDERS – whether to permit an application challenging the validity of a resolution to engage a project manager made in early 2021; where the project manager has been performing duties under the engagement for some time and remedial works under the project manager’s supervision are presently underway at the scheme. Act, s 242; Standard Module, s 173.

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

INTERIM ORDER – where the applicant disputes general meeting motions - whether an interim order should be made. BUGT Act, s 76

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

• The Owners - Strata Plan No 19410 owners corp
• Robert King and Victoria King as trustees for the Cascade Trust lot owner

The appeal against the Tribunal's order that the owners corporation pay $70,551.99 damages for loss of rent caused by water ingress and mould in the second bedroom was dismissed.

NOISE BY-LAW – where the applicant says the tiled floor in the lot above is generating excessive noise in his lot – whether the respondent is in breach of the noise by-law - whether orders are warranted. Act, ss 182-185

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

CONDUCT OF GENERAL MEETINGS. REQUIREMENTS FOR A NOTICE OF A GENERAL MEETING. BUGT Act ss 73, 76, 77. Schedule 2, Part 2. DISCLOSURE Palm Springs Residences v J Patterson Holdings Pty Ltd [[2008] QDC 300](/cgi-bin/viewdoc/au/cases/qld/QDC/2008/300.html "View Case") Fraser v NRMA Holdings Ltd (1995) 55 FCR 452 RATIFICATION Warren v Body Corporate for Buon Vista [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QCA/2007/160.html "View Case")[[2007] QCA 160](/cgi-bin/viewdoc/au/cases/qld/QCA/2007/160.html "View Case") Carroll and Ors v Palm Springs Residences CTS 29467 [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QCATA/2013/21.html "View Case")[[2013] QCATA 21](/cgi-bin/viewdoc/au/cases/qld/QCATA/2013/21.html "View Case")

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

CONDUCT OF GENERAL MEETINGS. REQUIREMENTS FOR A NOTICE OF A GENERAL MEETING. BUGT Act ss 73, 76, 77. Schedule 2, Part 2. DISCLOSURE Palm Springs Residences v J Patterson Holdings Pty Ltd [[2008] QDC 300](/cgi-bin/viewdoc/au/cases/qld/QDC/2008/300.html "View Case") Fraser v NRMA Holdings Ltd (1995) 55 FCR 452 RATIFICATION Warren v Body Corporate for Buon Vista [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QCA/2007/160.html "View Case")[[2007] QCA 160](/cgi-bin/viewdoc/au/cases/qld/QCA/2007/160.html "View Case") Carroll and Ors v Palm Springs Residences CTS 29467 [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QCATA/2013/21.html "View Case")[[2013] QCATA 21](/cgi-bin/viewdoc/au/cases/qld/QCATA/2013/21.html "View Case")

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

EMERGENCY EXPENDITURE – whether the circumstances give rise to a genuine emergency. Act, s 243A; Accommodation Module, s 162(1)(c)

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

Owners Corporations

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

IMPROVEMENT TO LOT & COMMON PROPERTY; EXCLUSIVE USE – whether motions to grant both lots exclusive use of common property that already hosts improvements associated with each lot, or that will be used to host a further extension of lot 2, failed due to opposition that was unreasonable in the circumstances; whether lot 1 should be forced to remove its improvements from common property given the failure of the motions. Act, ss 10(2)(b), 35(1), 62(2)&(3)(a); Standard Module, ss 182(2)(a), 193(3)-(4), 201(2)(b); Land Title Act 1994, ss 48C, 49C(4).

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

• Adam Emery Kaye, Bella Rebecca Kaye, Robert George Kaye lot owner
• The Owners – Strata Plan No 4350 owners corp

The Supreme Court dismissed the plaintiffs' appeal from the NCAT Appeal Panel decision which had upheld the owners corporation's refusal to pass a by-law granting the plaintiffs exclusive use and enjoyment of additional roof area.

ANIMAL BY-LAW – where the body corporate has refused the applicant’s request for a dog – whether approval should be given. Act, ss 94(2), 100(5)

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

• The Owners – Strata Plan No 90189 owners corp
• Parkview Constructions Pty Ltd builder
• Sydney Olympic Park Authority developer

The Court dismissed the builder's motion seeking an advance ruling that expert reports were inadmissible, finding it premature and inappropriate to use section 192A of the Evidence Act where the parties had agreed to a Scott Schedule procedure and no trial date had been allocated.

APPLICATION FOR INTERIM ORDERS – whether an owner should be prevented, pending final orders, from altering a load-bearing wall within her lots in the absence of body corporate approval. Act, ss 35(1), 36(1), 94(1)(a), 100(5), 152(1)(a), 165, 279(1); Standard Module, s 180(2)(b)(ii); Land Title Act 1994, ss 48C, 49C(4).

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

IMPROVEMENTS – where the applicants installed a security door at their entrance door – where the applicants installed a security camera on their balcony – whether the body corporate acted reasonably in opposing the improvements and seeking to enforce the by-laws - whether the improvements should be approved. Act, ss 94(2), 100(5), 182-188; Accommodation Module, s 177

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

• The Owners – Strata Plan No 80211 owners corp
• Control Services Pty Ltd contractor
• Geordie Killen party

The appeal was dismissed and leave to appeal was refused; the appellant failed to establish that damages claimed for rectification costs were consequential losses flowing from the respondents' breach in issuing non-compliant Annual Fire Safety Statements.

ENTRY TO A LOT – where the body corprate has engaged an engineer to investigate the common property and building pursuant to a council enforcement notice – where the engineer requires entry to the lot – where the entry is disputed - whether orders for entry are warranted. Act, ss 163, 243A

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.

Whether a motion on the agenda of a general meeting was contrary to the Act; whether the body corporate acted reasonably. Act, s 94; Accommodation Module, ss 106, 152.

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

Whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. Act, s 279.

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

Costs; Owners Corporations

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

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from acting upon general meeting resolutions pending final orders because it gave insufficient notice of the EGM, insufficient information about the remedial works the subject of the motions, the remedial works were not the body corporate’s legal responsibility, or because some of the works were improvements that required authorisation by special resolution. Act, s 279(1); Accommodation Module, ss 81, 163, 170(1)&(2), 176, 201(3); Acts Interpretation Act 1954, ss 38(1)(a), 39A(1)(b); Electronic Transactions (Queensland) Act 2001, ss 11, 24(1)(a); Land Title Act 1994, s 49C(4).

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 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.

IMPROVEMENT – ALLEGED BREACH OF BY-LAWS – whether the respondent should be ordered to remove a storage cage partly enclosing their exclusive use car parking space and partly enclosing other common property – whether the respondent inherited the by-law breach – whether the body corporate acquiesced to the improvement – whether the committee acted reasonably in seeking removal of the storage cage. Act, ss 59(2)(b), 66(1)(e), 94(1) & (2), 100(5), 182(1) & (5), 184. Body Corporate and Community Management Act Body Corporate and Community Management (Accommodation Module) 2020 s 174 Katsikalis v Body Corporate for The Centre [[2009] QCA 77](/cgi-bin/viewdoc/au/cases/qld/QCA/2009/77.html "View Case") Orknie P/L v Body Corporate for Paloma [[2010] QCATA 52](/cgi-bin/viewdoc/au/cases/qld/QCATA/2010/52.html "View Case")

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

• The Owners - Strata Plan No 10717 owners corp
• Daryl Mantell and Diane-Louise Taylor lot owner

The Tribunal dismissed the lot owner's application for costs, finding no special circumstances warranted a costs order despite the owners corporation's withdrawal of penalty proceedings.

BODY CORPORATE RECORDS – whether the body corporate unlawfully withheld body corporate records requested by the applicant. Act, ss 205, 270(1)(c).

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

Whether the body corporate has acted to enforce a by-laws in the way provided in the Act; whether a person was eligible to be a member of the committee; whether there is power to interfere with the composition of the committee. Act, ss 59, 66, 94, 168; Standard Module, ss 13-44.

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

APPLICATION FOR INTERIM ORDERS – whether a general meeting should be postponed because the person who called it lacked authority, or because it will consider a motion to grant exclusive use to the applicants but not to other owners who are also using common property to the exclusion of other owners without proper authority. Act, ss 62(2)&(3)(a), 171(2)(a), 279(1); Accommodation Module, ss 44(1)(d), 72(1), 74(1), 83(1).

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

• Susan Kuzmanovic lot owner
• Alan Peacock lot owner
• The Owners – Strata Plan No. 43576 owners corp
• Premium Strata Pty Ltd manager

Premium Strata Pty Ltd was appointed as strata managing agent for 12 months; Kuzmanovic's claim for rental damages of $14,200 was dismissed as she failed to establish any loss from the breach of statutory duty.

BY-LAWS – where the applicant alleges the respondent is parking in the visitor car space – whether the respodnent is in breach of the by-laws – whether orders are warranted. Act, ss [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_reg/bcacmmr2020616/s180.html)180-[202]\(http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol\_reg/bcacmmr\<a href=)0616/s186.html">188

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

Owners Corporations

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

CHANGE OF FINANCIAL YEAR – whether an order should be made 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.

GENERAL MEETING PROCEDURES – whether the body corporate can hold its annual general meeting outside the legislative time limit. Accommodation Module, s 73

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

Whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. Act, s 279.

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

ALTERATION OF COMMON PROPERTY BY LOT OWNER OBLIGATION OF LOT OWNER TO REINSTATE. Act, s276; Standard Module, s180

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

COMMITTEE RESOLUTION – whether a committee resolution to end a facilities sharing agreement with another body corporate was a decision on a restricted issue; whether minutes of the resolution were provided to owners within 21 days. Act, s 100(1)-(2); Commercial Module, ss 17(1)(a), 32(3), 35(4).

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

FINANCIAL YEAR – whether to change the body corporate’s financial year. Act, s 283.

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

Whether to appoint an administrator to convene a general meeting of the body corporate. Act ss 276, 301.

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

INSTALLATION OF PHOTOVOLTAIC CELLS BY LOT OWNER APPEARANCE BY-LAW – WHETHER BODY CORPORATE APPROVAL REQUIRED OBLIGATION OF BODY CORPORATE TO ACT REASONABLY SECTIONS 246S, 356, 357 BUILDING ACT Bettson Properties Pty Ltd & Anor v Tyler [[2019] QCA 176](/cgi-bin/viewdoc/au/cases/qld/QCA/2019/176.html "View Case")

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