Decisions table

ANNUAL GENERAL MEETING – whether a body corporate is permitted to hold an AGM outside the prescribed legislative time frame. Accommodation Module, s 64.

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

EMERGENCY– whether the application relates to emergency circumstances – whether the body corporate should be authorised to incur expenditure without general meeting approval – alternatively whether the body corporate should be authorised to hold an extraordinary general meeting without 21 days’ notice. Act\_,\_ ss 243A, 276\_;\_ Accommodation Module, s 72, 149-151

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

APPLICATION FOR INTERIM ORDERS – whether the nature or urgency of the circumstances warrant interim orders until the application may be finally determined. Act, ss 94(2), 101(2), 279; Accommodation Module, ss 51, 69-71, 150, 157(1), 161, 167, 168(2).

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

AGM – whether an extraordinary general meeting should be declared void because of alleged non-compliance with section most voting papers were submitted to the body corporate manager rather than the committee secretary. BODY CORPORATE RECORDS – whether the body corporate breached the Act by failing to provide copies of body corporate records to the applicants; whether the records should now be provided. Act, s 205; Accommodation Module, ss 84(2)(b), 203.

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

BY-LAWS – whether the respondent has been parking on common property without approval – whether this is in breach of the by-laws – whether an order is warranted - COSTS – where the respondent failed to participate in conciliation - whether the respondent should be required to reimburse the application fees to the body corporate. Act, ss 182-8, 280

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

APPLICATION FOR INTERIM ORDER – where applicant seeks to invalidate various resolutions of an annual general meeting– whether warranted in circumstances\_.\_ SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") ABC v Lenah Game Meats (2001) 208 CLR 199 Act, s 279

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

Access to records. Act, s 205; Standard Module, s 205

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

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting to be held more than three months after end of financial year – whether to declare that annual general meeting will be not be invalid for being held late Accommodation Module s 64

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

ANNUAL GENERAL MEETING – whether to extend the time for holding an annual general meeting. Act, s 104; Accommodation Module, s 64.

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

ANNUAL GENERAL MEETING – whether to extend the time for holding an annual general meeting. Act, s 104; Commercial Module, s 33.

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

CARETAKING SERVICE CONTRACTOR – where dispute about status of caretaker agreement – where body corporate purported to pass motion to cease acquiring caretaking services – where motion purported to extinguish jurisdiction for caretaker to take proceedings in QCAT – where motion described caretaker as “past” caretaker – whether motion unlawful – whether voters were misled – whether to invalidate motion REASONABLENESS – where motion requires external common property gate to be kept closed – where caretaker alleges keeping gate closed would affect letting business – whether resolution was unreasonable BODY CORPORATE POWERS – BODY CORPORATE DEBT – where motion requires common property gate to be kept closed – where motion purports to create body corporate right to recover as a body corporate debt costs of attendance, remedy or repair against persons manipulating or interfering with operation of gate – where motion alleged to be a purported by-law – whether to invalidate resolution ELECTRONIC VOTING – where general meeting proposed motion to approve electronic voting and also invited electronic voting for that meeting – where two versions of voting paper issued – where lack of a vote on a motion was recorded as an abstention – whether to invalidate electronic voting motion – whether to invalidate votes cast electronically COMMUNITY MANAGEMENT STATEMENT – where motion sought to create easement – where separate motion sought to record new CMS for easement – where same CMS motion proposed to record change of regulation module – where CMS motion allegedly did not clearly disclose change of regulation module – where easement motion defeated but new CMS recorded to change regulation module – whether to invalidate CMS motion – whether to order new CMS be recorded to revert to previous regulation module BODY CORPORATE RECORDS – where request for access to body corporate records – where request denied because request referred to incorrect regulation module – where request denied because access seeker requested to see all of the records – where request denied because access seeker wished to bring family member – where request denied because access seeker had commenced legal proceedings – whether to order to allow access – whether to order that family member be allowed to attend inspection. Act, ss 94(2), 204, 205; Standard Module, ss 86(1)(d), 96(1)

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

Appeal proceedings – costs-grounds of appeal inadequately expressed - no merit in the appeal - held defects in Notice of Appeal, lack of merit in certain appeal arguments together with disingenuous conduct of appellant’s solicitor constituted special circumstances-costs order made.

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

APPLICATION FOR AN INTERIM ORDER – whether an order should be made preventing an impending annual general meeting going ahead – whether an interim order should be made preventing the body corporate dealing with the swimming pool in a number of ways – whether the nature or urgency of the circumstances require an order to be made – whether there are serious questions of law and the balance of convenience falls in favour of the applicants. Act, ss 242, 269(3), 279(1); Standard Module, ss 34, 65, 67.

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

JURISDICTION – whether there is jurisdiction to make an order to invalidate a contract. FINANCIAL MANAGEMENT – whether the body corporate borrowed an amount without the authority of a special resolution; whether the body corporate should be ordered to appoint a person to conduct an audit of its finances. BODY CORPORATE - whether the body corporate acted reasonably. Act, ss 94, 276, 284, Schedules 5 and 6; Accommodation Module, ss 148, 153.

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

FINANCIAL YEAR – whether the financial year end date for the body corporate should be changed. Act, s 283

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

GENERAL MEETING MOTIONS – where the body corporate passed motions to replace a by-law about the marina and to enter into agreements with owners to use and occupy marina berths - whether the motions were valid. Act, ss 11, 169; Standard Module, ss 161, 167

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

ANNUAL GENERAL MEETING – whether a body corporate is permitted to hold an AGM outside the prescribed legislative time frame. Accommodation Module, s 64.

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

MAINTENANCE UNDER BUILDING FORMAT PLAN – whether the body corporate must remediate honeycombing of concrete columns within an exclusive use area, a leaking swimming pool that is largely within a lot, a planter box on common property, and a stump in the subfloor that may attract termites; whether the body corporate must investigate and remove pipes from a common property planter box. BY-LAWS – whether the by-laws require a lot owner to seek body corporate and local authority approval for a lift allegedly installed in his lot by a previous owner; whether an owner must reinstate plants he removed from a common property garden without approval Act, ss 36(1), 59(2)(b), 94(1)(b), 281; SS Module, ss 85, 86, 93, 104(2), 107; Land Title Act 1994, ss 48C, 49C(4).

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

ANNUAL GENERAL MEETING – whether a body corporate should be permitted to hold an AGM outside the prescribed legislative time frame. Act, ss 2, 4, 276(1); Accommodation Module, s 64.

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

POWER OF ADJUDICATOR TO MAKE ORDERS- Section 276 Body Corporate and Community Management Act 1997 WHEN ANNUAL GENERAL MEETING MUST BE CALLED –section 66 Body Corporate and Community Management (Standard Module) Regulation 2008

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

ANNUAL GENERAL MEETING – whether a body corporate is permitted to hold an AGM outside the prescribed legislative time frame. Standard Module, s 66.

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.

Whether it was unreasonable for the body corporate not to grant retrospective approval for improvements to common property by previous owner of lot; whether motions proposing grants of exclusive use were not passed because of opposition that in the circumstances was unreasonable. Act, ss 62(2), 94, 276(1), Schedule 5 Item 10; Standard Module, s 164 Ainsworth v Albrecht [[2016] HCA 40](/cgi-bin/viewdoc/au/cases/cth/HCA/2016/40.html "View Case")

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

CIVIL PROCEDURE - parties - misnomer or misdescription - application to amend - where owners corporation intended to sue builder for alleged defects but mistakenly named the incorrect entity in summons and list statement - whether builder prejudiced from loss of viable cross-claims - where builder on notice of mistake, defects and proceedings - no delay in making application to amend - prejudice to owners corporation if leave not granted - dictates of justice favour granting leave to amend

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

COMMON PROPERTY – whether an owner has body corporate authorisation to make an improvement to common property; whether an owner has body corporate authorisation to use common property. BODY CORPORATE – whether the body corporate has power to administer common property for the benefit of owners and enforce the scheme’s community management statement; whether the body corporate has acted reasonably. Act, ss 94, 95, 101, 154, 170, 171; Accommodation Module, ss 157, 159; Land Title Act 1994, ss 48C, 49C.

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

ANNUAL GENERAL MEETING – whether a body corporate is permitted to hold an AGM outside the prescribed legislative time frame. Accommodation Module, s 64.

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

ANNUAL GENERAL MEETING – whether a body corporate should be permitted to hold an AGM outside the prescribed legislative time frame – the effect of COVID-19 restrictions Act, ss 2, 4, 276(1); Accommodation Module, s 64; Public Health Act 2005.

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

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting to be held more than three months after end of financial year – whether to declare that annual general meeting will be not be invalid for being held late Accommodation Module s 64

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

APPLICATION FOR INTERIM ORDERS – whether an interim order should be made to prevent the implementation of a resolution to demolish an old refuse area and construct a new one because the disposal of common property (namely an old fence, shed and parking space) requires authorisation by resolution without dissent. Act, s 279; Accommodation Module, ss 159, 161, 165.

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

COMMITTEE – ANIMALS – REASONABLENESS – where committee refused application to keep a cat and issued contravention notice – whether committee acted unreasonably – whether to order applicants be deemed to have approval to keep the cat and to void the contravention notice. Act, s 100(5)

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

COMMITTEE – ELECTION – where body corporate passed resolution to replace a committee member – where resolution arguably inconsistent with the way the body corporate has decided to elect a committee – whether to make interim order to stop replacement of committee member. Act, s 94(2); Commercial Module, ss 14, 15

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

APPLICATION FOR AN INTERIM ORDER – where at an annual general meeting the body corporate authorised reimbursement of costs of repairs to the owners of a lot – whether the provisions of the legislation were followed in obtaining quotations for the repairs – whether the nature or urgency of the circumstances require an order to be made – whether there are triable issues and the balance of convenience falls in favour of the applicant. Act, ss 150(2)(h), 269(3)(b) & (c), 279(1); Accommodation Module, ss 149-151.

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

POWER OF ADJUDICATOR TO MAKE ORDERS- Section 276 Body Corporate and Community Management Act 1997 WHEN ANNUAL GENERAL MEETING MUST BE CALLED –section 64 Body Corporate and Community Management (Accommodation Module) Regulation 2008

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

GENERAL MEETING MOTION – where the body corporate resolved to enter into a new caretaking agreement – whether notice of the meeting was validly given – whether the information given about the motion was misleading – whether the motion should be invalidated. Act, ss 100(5); Standard Module, ss 73, 74

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

GENERAL MEETING MOTION – where the body corporate resolved to engage a body corporate manager – whether notice of the meeting was validly given – whether the information given about the motion was misleading – whether the resolution should be invalidated. Act, ss 100(5); Standard Module, ss 73, 74

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

APPLICATION FOR INTERIM ORDER – where applicant seeks to invalidate a resolution to appoint a body corporate manager - whether the engagement has been properly authorised by the body corporate- whether an interim order is warranted in the circumstances. Act ss 227, 228, 276, 279.

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

COSTS – dismissal of application for leave to appeal an interlocutory decision – s 60(2) of the Civil and Administrative Tribunal Act 2013 – whether special circumstances are established

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

EMERGENCY– whether the application relates to emergency circumstances– whether the body corporate should be authorised to hold an extraordinary general meeting without 21 days’ notice. Act, ss 243A, 276; Accommodation Module, s 72

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

EMERGENCY– whether the application relates to emergency circumstances– whether the body corporate should be authorised to hold an extraordinary general meeting without 21 days’ notice. Act, ss 243A, 276; Commercial Module, s 41

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

BODY CORPORATE RECORDS – whether the body corporate should be ordered to provide the applicant with copies of body corporate records he requested on several occasions in 2019. Act, s 205.

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

Whether interim order should be granted to prevent implementation of resolutions purporting to terminate services of one body corporate manager and engage services of another. Act, ss 279, 318; Accommodation Module, ss 42, 112, 127, 150

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

FINANCIAL YEAR – whether the financial year end date for the body corporate should be changed. Act, s 283

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

APPEAL – appeal from Local Court – appeal from costs – costs assessment under s 352(1) of the Legal Profession Act 2004 (NSW) – review decision – continued application of the Legal Profession Act 2004 (NSW) – costs order in Local Court – saving and transitional provisions of the Legal Profession Uniform Law Application Act – jurisdiction of Court – cost assessment and review appeal decision – whether amended summons brought out of time – application to extend time – refusal to extend time

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

ANNUAL GENERAL MEETING – whether a body corporate is permitted to hold an AGM outside the prescribed legislative time frame. Standard Module, s 66.

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

ANNUAL GENERAL MEETING – whether a body corporate is permitted to hold an AGM outside the prescribed legislative time frame. Standard Module, s 66.

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.

ANNUAL GENERAL MEETING – whether a body corporate is permitted to hold an AGM outside the prescribed legislative time frame. Act, ss 2, 4; Standard Module, s 66.

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

MINUTES – MOTION – ADMINISTRATOR – where annual general meeting minutes are incorrect as to the outcome of vote – whether to declare resolution void – where motion to appoint body corporate manager not proposed by validly constituted committee – whether to invalidate motion or void resolution – where there is no committee – whether to appoint administrator to call general meeting Act, s 301; Standard Module, ss 76, 96

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.

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