Decisions table

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.

IMPROVEMENT TO LOT; COMMITTEE RESOLUTION; BY-LAWS – whether owners who replaced carpet with a tiled floor in their living area met the requirements of a flooring by-law; whether the committee acted unreasonably when refusing to approve the new floor covering. Act, ss 62(3)(a), 100(5).

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

EXCLUSIVE USE COMMON PROPERTY – regarding lot owner’s exclusive use common property - whether installation of a shed was an unauthorised improvement - whether garden edging requires replacing by respondent - whether plants damaged in breach of by-laws - whether exclusive use area is being kept in a clean and tidy condition. Act, ss 94 and 100(5); Accommodation Module, s 183

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.

• Coscuez International Pty Ltd lot owner
• The Owners – Strata Plan No 46433 owners corp

The Tribunal made a common property rights by-law proposed by the lot owner, declared three special by-laws invalid as harsh, unconscionable or oppressive, and dismissed the owners corporation's application for removal of the swinging door.

BY-LAWS – whether the respondent installed an electricity meter for its lot without approval – whether the respondent breached the by-laws – whether the body corporate can or should approve the installation. Act, ss 94,100; Accommodation Module, ss 88, 177

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

GENERAL MEETING MOTION – whether a motion was valid. Act, s 276

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.

• The Owners – Strata Plan No 16857 owners corp
• Peter Barnett Hyman lot owner
• Janiene Hyman lot owner

Leave to appeal was refused and the Tribunal's interlocutory decision requiring production of an acoustic expert report was upheld, as the report was prepared for the dominant purpose of filing in the Tribunal rather than for provision of professional legal services and thus not subject to legal professional privilege.

APPLICATION FOR INTERIM ORDERS – whether the respondents ought to be prevented from acting upon committee and ordinary resolutions to remove a fence from within an exclusive use area because it may amount to a disposal of common property requiring authorisation by resolution without dissent. Act, s 279(1); Accommodation Module, ss 44(1)(d), 174(2)(a)(i), 180(1)(c), 183.

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 fence and gate partly enclosing 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 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 (Standard Module) 2020 s 184 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.

CHANGE OF FINANCIAL YEAR – application 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.

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. ADJUDICATOR’S 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.

• Hua Nan Trading Pty Ltd lot owner
• The Owners – Strata Plan No 32396 owners corp

The application was dismissed because it was filed outside the two-year statutory limitation period under section 106(6) of the Strata Schemes Management Act 2015, and the Tribunal does not have jurisdiction to extend this time limit under section 41 of the NCAT Act.

Whether owners are entitled to reasonable use and enjoyment of common property; whether the body corporate has restricted reasonable use and enjoyment of common property; whether the body corporate acted reasonably. Act, ss 35, 94, 95.

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

• Georgette Benson lot owner
• The Owners, Strata Plan No 17676 owners corp

The appeal was dismissed; the Tribunal's decision requiring Ms Benson to permit access to her lot for replacement of brushwood fencing as authorised common property work was upheld, and her cross-claim for a by-law was rejected.

IMPROVEMENT TO COMMON PROPERTY – whether a committee resolution to install a roof access hatch on common property was invalid due to the value of the improvement; whether the committee acted unreasonably when passing the resolution. Act, s 100(5); Standard Module, ss 52(1)(d), 186.

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.

COMMITTEE RESOLUTIONS – whether committee decisions are being made at committee meetings or by vote outside committee meetings and all committee members involved as required; whether proper minutes are being recorded and circulated to committee members. BODY CORPORATE RECORDS – whether the committee unlawfully withheld body corporate records from a committee member and ought to provide them. MAINTENANCE UNDER BUILDING FORMAT PLAN – whether the committee must repair a light in a garage and balustrade on a rooftop, where both are within a lot; whether the committee must have any work to common property performed by qualified and insured tradespeople; whether the committee must obtain written confirmation from its fire safety contractor that all defects have been rectified. BUDGETS – whether the committee must obtain a sinking fund forecast; whether the committee must conduct a budget process at a committee meeting at least six weeks prior to an AGM; whether the administrative fund budget can plan for a deficit. BY-LAWS – whether the committee must act on the applicant’s notification that a committee member parked in breach of the by-laws. Act, ss 97, 183, 204, 205, 252E(5); Standard Module, ss 55, 65, 66, 68, 69, 71, 83(1), 87(3)(a), 91, 150(2), 160(5), 180(2)(a)(i), 211(3), 232.

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.

INTERIM ORDER – whether interim order is warranted. Act, s 269

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

REQUESTED EXTRAORDINARY GENERAL MEETING – where more than 25% of lots’ owners served notice on the committee to request an EGM be called – where the secretary disputed the validity of some signatures on the notice and therefore decided there were not at least 25% of owners as signatories – where the secretary did not call the requested EGM – where the caretaking service contractor as a non-voting committee member called the EGM because the secretary failed to call the EGM – whether the secretary’s decision that the notice was invalid thereby rendered it a nullity – whether a non-voting committee member is a committee member who may call a requested EGM which the secretary has failed to call – where the notice also requested the non-voting member to call the EGM in the event the secretary did not call it – whether the signatories’ written request for another committee member to call the EGM must come after and separately from the notice served on the secretary. REASONABLENESS – where the body corporate passed a motion to reserve as a restricted issue for the committee any decision concerning a remedial action notice – whether the decision was unreasonable ASSOCIATE – where caretaker is mortgagor for property owned by committee member’s spouse – whether a mortgagor / mortgagee relationship is the type of association which renders a person ineligible to be a committee member Act, ss 94, 309; Standard Module, ss 84, 85

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 application for appointment of a compulsory strata managing agent was dismissed as the consent orders regarding roof repairs had been complied with and no grounds for appointing a compulsory manager under section 237 of the Strata Schemes Management Act 2015 were established.

GENERAL MEETING – NOTICE PERIOD – whether to make order declaring that a general meeting in an emergency will not be invalid for being called on short notice. Act, s 243A; Accommodation Module, s 81

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. ADJUDICATOR’S 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.

Whether a voter gave a general meeting voting paper to the secretary in accordance with the Act. Act, s 104; Accommodation Module, ss 94, 95, 210.

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

• Nicholas Miroforidis and Alexandra Miroforidis lot owner
• The Owners - Strata Plan No 75809 owners corp

The Tribunal ordered the owners corporation to pay the lot owner $24,860 in damages for breach of its duty to keep and maintain common property in a state of good repair, comprising $5,940 for repairs and $18,920 for loss of rental income.

Whether a motion on the agenda of a general meeting was contrary to the Act; whether votes cast at a general meeting were contrary to the Act; whether the body corporate has a duty to carry out works on trees on common property; whether the body corporate has acted reasonably; whether to reimburse application fees. Act, ss 94, 95, 152; Accommodation Module, ss 104, 120, 170.

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

No 2; Building and Property

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

CORPORATIONS — Voluntary winding up — Practice and procedure — Leave to continue proceedings in circumstances where final hearing is one week away

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

MAINTENANCE – where the body corporate resolved to engage contractors to rectify defective balcony waterproofing that has resulted in water ingress and damage to lots below – where the body corporate has not implemented the motion – whether orders are warranted. Act, ss 94, 100(5), 101(2); Standard Module, s 180

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

IMPROVEMENT TO COMMON PROPERTY – where the committee approved the owners of a lot to install an air conditioning unit on common property ‑- whether the committee had the power to make the decision – whether the committee acted reasonably. Act, ss 68, 69, 94, 100, 167; Standard Module, ss 52, 68, 71, 187

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

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.