Decisions table

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.

VISITOR PARKING – whether the body corporate is required to have 5 visitor car parking spaces.

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

• The Owners – Strata Plan No 2341 owners corp
• P & M Sachs Pty Ltd lot owner

The appeal by the owners corporation against the first instance decision was dismissed; the tribunal's order for the owners corporation to repair common property to prevent asbestos ingress to lot 8 and pay $80,360 in damages was upheld.

Owners Corporations

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

BODY CORPORATE INVESTMENT – where the body corporate invested in a company that purchased lots in the scheme – where the company was created as an investment vehicle for the body corporate – whether the body corporate had the power to invest in the company – whether the body corporate acquired an interest in a lot - whether the body corporate is carrying on a business – whether the committee resolutions were valid – whether the body corporate acted reasonably – whether the chairperson as sole director of the company had a conflict of interest. Act, ss 37, 40, 44, 94, 97, 100; Accommodation Module, ss 58, 157

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

BODY CORPORATE INVESTMENT – where the body corporate invested in a company that purchased lots in the scheme – whether general meeting resolutions to ratify committee resolutions to purchase shares in the company were valid. Act, ss 44, 94(2), 96, 100(5)

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

• Walker Corporation Pty Limited lot owner
• The Owners - Strata Plan No 61618 owners corp
• Robert Edmund Quickenden lot owner
• The Owners - Strata Plan No 61770 owners corp
• The Owners - Strata Plan No 61619 owners corp
• McCormacks NSW Pty Limited manager
• Strata Choice Pty Limited manager

The court declared that article 8.11 of the Strata Management Statement and the corresponding by-laws requiring owners corporations to appoint the building management committee's appointed managing agent as their strata managing agent are invalid and unenforceable as inconsistent with the Strata Schemes Management Act 2015.

APPLICATION FOR INTERIM ORDERS – whether an administrator should be appointed to exercise the powers of the committee on an interim basis. Act, ss 94(1), 185(2), 279(1); Standard Module, ss 9(2), 52(1)(d), 135(2)(a), 211(3).

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

SHARED FACILITIES– whether the body corporate should be prevented from putting into effect a resolution from a general meeting to terminate a Shared Facilities Agreement– whether there is jurisdiction to determine the matter REASONABLENESS – whether resolutions of a general meeting were reasonable Act, ss 94(2), 149B, 276(1)

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 WHEN ANNUAL GENERAL MEETING MUST BE CALLED –section 73 Body Corporate and Community Management (Accommodation Module) Regulation 2020

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

BY-LAWS – where the applicant alleges the respondent has a cat in her lot without approval – whether the cat should be removed if it is not approved – COSTS – where the respondent failed to participate in conciliation – whether costs should be awarded. 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">186, 280

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

IMPROVEMENT TO COMMON PROPERTY – where the applicants installed solar panels on the roof without formal body corporate approval – where the committee agree to approve the panels if an invoice is provided – whether a building inspection required – whether the installation should be approved. Act, ss 67-79, 94, 100(5); Standard Module, s 187

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

COMMIITTEE – ELECTION – where committee election nominations by corporate owners were accepted for the AGM papers – where the AGM chair declared the nominations were invalid including for non-compliance with section 127 of the Corporations Act 2001 – where votes for those candidates were not counted – where results of committee elections were potentially affected – whether the nominations were valid – whether nominations by corporate owners must comply with section 127 of the Corporations Act 2001 DECLARATIONS – whether requested declarations are appropriate to make Act, s 276; Commercial Module, s 11

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

LAND LAW – Strata title – common property – maintenance of common property – breach – damages

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

• The Owners – Strata Plan No. 61285 owners corp
• Cameron Taylor lot owner

The respondent was ordered to pay a pecuniary penalty of 35 penalty units ($3850.00) for contravening Tribunal orders made on 3 June 2021, with the penalty stayed pending determination of to whom it should be paid.

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.

AGM RESOLUTION; DISPOSITION OF COMMON PROPERTY – whether the body corporate acted unreasonably when deciding against a motion to grant the applicant a three year licence to part of the common property adjoining its lot; whether the body corporate has acquiesced to the applicant’s use of the area; whether the applicant has an actual or implied licence to the area; where the applicant has had sole use of the area since purchasing at the scheme in 1999. Act, ss 94(2), 242; Standard Module, s 184(2)(b).

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

Whether the body corporate has acted reasonably enforcing its by-laws, whether the body corporate should be ordered to pay the applicant the amount paid as fees for the conciliation and adjudication applications. Act, ss 94, 100, 182, 280.

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

COSTS - costs on appeal - whether special circumstances established

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