Decisions table

Owners Corporations

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

GENERAL MEETING – whether the body corporate can decide to not comply with a mandatory requirement relating to the conduct of a general meeting; whether the body corporate gave proper notice of a general meeting; whether a general meeting and a motion on the agenda of a general meeting is void. Act, ss 94, 100, 104; Standard Module, ss 74, 171.

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

ANIMAL BY-LAW – whether the body corporate did not act reasonably when refusing permission for the applicants to have a dog at the scheme from time to time - whether the applicants should be given approval. Act, ss 94(2), 100(5)

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

BODY CORPORATE – whether the body corporate acted reasonably. Act, s 94.

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

BY-LAW – where body corporate resolved to add new by-law concerning liquid runoff from balconies – whether by-law oppressive or unreasonable – whether to invalidate by-law. Act, ss 94(2), 169, 180(7)

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

GENERAL MEETING MOTION – where the applicants submitted a motion to a general meeting – where the chairperson withdrew the motion before the results of voting were declared - whether the motion should be deemed to have passed. Standard Module, ss 69, 89-90

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 the annual general meeting. Act, s 104; Standard Module, s 66

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

GENERAL MEETING PROCEDURES – whether the body corporate should be authorised to hold its annual general meeting outside the legislative time limit. Accommodation Module, s 64

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

Validity of by-law that purports to prohibit the keeping of animals. Act, ss 169, 180(7)

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

BY-LAWS – BALANCE OF PROBABILITIES – where lot owner alleged to have contravened by-laws by taking alcohol and glass into the pool area and removing rocks from common property garden to his own lot – where owner alleged to not have complied with contravention notices to cease and rectify – whether to make order for by-law contraventions – whether satisfied of contraventions on balance of probabilities. Act, s 169

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

GENERAL MEETING – ADMINISTRATOR – where scheme has no committee – where general meeting called without committee authority – whether to invalidate general meeting resolutions – whether to appoint an administrator. Act, ss 278, 301; Standard Module, s 65

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

APPLICATION FOR AN INTERIM ORDER – where the body corporate installed a pool and spa water circulation system on the applicant’s exclusive use area – whether the body corporate should turn off the WCS for now – 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 applicant. Act, ss 269(3)(b) & (c), 279(1).

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.

INTERIM ORDER – 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.

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.

JUDICIAL REVIEW – remedies – materiality – review of appeal of costs assessment – incorrect application of repealed statute – application of the correct statute would have led to the same order – whether error jurisdictional – refusal of relief on discretionary grounds COSTS – appeal – cost assessment – costs assessment appeal – repealed Legal Profession Act 2004 (NSW) applied instead of Legal Profession Uniform Law Application Act 2014 (NSW) – effect of savings provisions – Interpretation Act 1

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

COSTS – costs’ assessment – late application to review certificate – application to Manager, Costs Assessment to extend time – whether assessment under Legal Profession Uniform Law Application Act 2015 (NSW) or Legal Profession Act 2004 (NSW) – error by Manager as to applicable law – whether error material – whether applicant demonstrated available grounds for review CIVIL PROCEDURE – application to review

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 – whether the records must be supplied. Act, s 205; Accommodation Module, s 203

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

GENERAL MEETING – MOTION – REASONABLENESS – where lot owner proposed motion for renovations – where meeting chair ruled motion out of order on legal advice – where motion contained plans with alternative proposals for works – where owner says motion would have passed – where lot owner seeks order that motion be declared to have passed – whether to declare motion passed. Act, ss 100(4)

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

BY-LAWS –CONTENT AND EXTENT –s.169 Act OBLIGATION TO COMPLY –s.59 Act ENFORCEMENT OF BY-LAWS - ss.182,183 Act

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

INTERIM ORDER – Application for interim order– 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 GENERAL MEETING PROCEDURE MOTION WITH ALTERNATIVES - whether motions have been properly listed as a motion with alternatives in accordance with section 72 Standard Module. EXPLANATORY MATERIAL ACCOMPANYING VOTING PAPER – whether requirements of 73 Standard Module have been met.

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

BY-LAWS – whether the body corporate committee acted reasonably when refusing permission for owners’ window tinting on the basis that it was too dark at a scheme with a variety of unapproved tinting in various shades; whether those owners should be ordered to remove the tint and compensate the body corporate for their “vexatious attitude”; whether the application is vexatious and the body corporate should compensate the respondents for costs arising from the application. Act, ss 100(5), 270.

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

RESOLUTION – where motion allegedly passed on the basis of an ineligible vote – whether to make interim order to stop implementation of resolution pending final determination. Act, s 96

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

Application for interim order – whether administrator should be appointed. Act, ss 279, 301

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

BY-LAWS –CONTENT AND EXTENT –s.169 Act OBLIGATION TO COMPLY –s.59 Act ENFORCEMENT OF BY-LAWS - ss.182,183 Act

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

Whether body corporate acted unreasonably in passing resolution that included installation of additional CCTV cameras Act, s 94(2)

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

INTERIM ORDER – Application for interim order– 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 SUPPLY OF SERVICES BY BODY CORPORATE – where the body corporate proposes to purchase solar power panels to supply a utility service to occupiers – where most lots are tenanted – whether this arrangement complies with section 167(2) Accommodation Module. Accommodation Module, s 167.

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.

FINANCIAL YEAR – whether the financial year end date for the body corporate should be changed. Act, s 227, 228, 276, 283, 284(1), Schedule 5.

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

VOTE OUTSIDE COMMITTEE MEETING – whether meeting properly convened – whether some committee members prevented from voting in the meeting – whether motions from the meeting should be voided‑. Act, ss 94(2), 100(5), 269(3)(b), 269(3)(c); Standard Module, ss 54, 55.

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

GENERAL MEETING PROCEDURES – whether the body corporate should be authorised to hold its annual general meeting outside the legislative time limit. Accommodation Module, s 64

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

IMPROVEMENT TO LOT; BY-LAWS – whether owners should be ordered to remove tinting from their external windows that was installed without body corporate consent in contravention of the by-laws; whether the body corporate acted reasonably when withholding consent for the tinting. Act, ss 94, 100(5); Building Act 1975, s 246R.

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.

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.

EMERGENCY EXPENDITURE – whether the circumstances give rise to a genuine emergency – whether expenditure above the committee spending limit should be authorised. Act, ss 227, 228, 243A, 276, Schedule 5; Standard Module, ss 151-153, 159(1)

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

PROPOSED SUPPLY OF SERVICE BY BODY CORPORATE – whether body corporate able to enter into a contract to supply individual services to lot owners. Whether individual agreements between body corporate and individual lot owners are required to provide a utility service. Act, ss 158, 195(2); Accommodation Module, s 167.

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

EGM REQUISITIONED BY LOT OWNERS – WHETHER EGM CALLED IN ACCORDANCE WITH SECTION 43 COMMERCIAL MODULE -WHETHER COMMITTEE DECISIONS MADE IN ACCORDANCE WITH SECTION 28 COMMERCIAL MODULE Section 276 Act Sections 28, 35, 39, 43 Commercial Module

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

REASONABLESS –where body corporate passed resolutions to fund legal expenditure on dispute with caretaker – whether resolutions should be invalidated COMMITTEE – where applicant seeks orders to replace committee members COSTS – whether to award costs against applicant Act, ss 94(2); 100(5); 270(3)

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

GENERAL MEETING MOTION – where the applicant submitted a motion proposing that an overflow relief gully be installed – where the motion did not pass – whether the motion should be deemed to have passed. Act, ss 94; Standard Module, s 159

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

COSTS – costs on appeal – whether costs should be ordered in favour of successful party – whether public interest litigation COSTS – costs at first instance – whether Appeal Panel has power to make a first instance costs order on appeal

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

COSTS – costs on appeal – whether costs should be ordered in favour of successful party – whether public interest litigation – significance of any change in the law COSTS – costs at first instance – whether first instance costs order should be reversed following a successful appeal

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.

COSTS – transfer of proceedings to Local Court - appeal against order for costs – appeal dismissed – costs of appeal – whether costs should be ordered in fixed amount

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.

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

APPLICATION FOR INTERIM ORDERS – whether an interim order is warranted to prevent the body corporate from replacing a dividing fence on the boundary of scheme land without a contribution from the adjoining land owner and at significantly greater cost than offered in alternative quotations submitted by the applicant. Act, ss 94, 100(5), 101(2), 279(1); Small Schemes Module, ss 85, 86, 157(1); Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, ss 12(1), 16(a), 31, 35.

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

INTERIM ORDER – where lot owner allegedly installed gate on common property fence without approval – whether to make interim order to stop use of gate pending final determination. Act, s 184; 186

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

MAINTENANCE OF EXCLUSIVE USE AREA – whether the body corporate is responsible for the maintenance of an exclusive use area, including improvements that may have been made by a former owner and a waterproof membrane that was damaged by those improvements. Whether the body corporate can validly resolve to relocate the physical features that define the boundaries of the exclusive use area in the community management statement without also changing the community management statement. BODY CORPORATE RECORDS – whether the body corporate is obliged to inform an owner of the location of leaks mentioned in a quotation obtained on the body corporate’s behalf, or to advise whether each leak is the body corporate’s responsibility or not. BUDGETS – whether the body corporate is obliged to obtain budgetary approval at a general meeting before putting motions proposing work to a rooftop exclusive use area. Act, ss 62, 205, 281; Accommodation Module, ss 137, 139(2), 157, 162, 171, 172.

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

INSURANCE – where the body corporate’s insurer approved a claim for damage to the applicants’ lot – where the body corporate cancelled the claim – whether the body corporate should reinstate the claim - COSTS – where the body corporate failed to participate in conciliation – whether the body corporate should pay the application fees. Act, ss 94(2), 100(5), 280

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.

Access to lot and common property. Act, ss 35, 94(2), 152; Accommodation Module, s 159.

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