20181085-ASC12 - Ballada Pty Ltd v North Point Brisbane & Anor [2013] QCATA 184

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                    CITATION:                         Ballada Pty Ltd v North Point Brisbane & Anor
                                                      [2013] QCATA 184

                    PARTIES:                          Ballada Pty Ltd
                                                      Mr Andrew Leo Abasa
                                                      (Applicants/Appellants)
                                                      V
                                                      North Point Brisbane CTS 7575
                                                      Queensland Police Credit Union Ltd
                                                      (Respondents)

                    APPLICATION NUMBER:               APL319-12

                    MATTER TYPE:                      Appeals

                    HEARING DATE:                     On the papers

                    HEARD AT:                         Brisbane

                    DECISION OF:                      Hon James Thomas AM QC, Judicial
                                                      Member

                    DELIVERED ON:                     19 June 2013

                    DELIVERED AT:                     Brisbane

                    ORDERS MADE:                      1.   Appeal dismissed.

                                                      2.   Decision of the Adjudicator in North
                                                           Point Brisbane [2012] QBCCMCmr
                                                           355 dated 7 August 2012 confirmed.

                    CATCHWORDS:                       APPEAL – where decision by adjudicator
                                                      under Body Corporate and Community
                                                      Management Act 1997 – determination of
                                                      issues raised before adjudicator – appeal
                                                      confined to evidence and issues already
                                                      raised –
                                                      Decision by body corporate to upgrade air-
                                                      conditioning system - whether notice of EGM
                                                      timely and technically adequate - whether
                                                      issues raised for adjudicator’s determination
                                                      – whether unit owner cast a vote by post
                                                      before meeting – vote sent but not received –
                                                      whether vote “given” – Acts Interpretation Act
                                                      1954 s 39A(1) and Body Corporate and
                                                      Community       Management       (Commercial
                                                      Module) Regulation 2008 s 54(2) - whether




4GVTKGXGFHTQO#WUV.++QP/CTEJCV                                                    8GTKH[XGTUKQP


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QCAT

Queensland Civil and Administrative Tribunal

CITATION:

PARTIES:

APPLICATION NUMBER:

MATTER TYPE:

HEARING DATE:

HEARD AT:

DECISION OF:

DELIVERED ON:

DELIVERED AT:

ORDERS MADE:

CATCHWORDS:

Retrieved from AustLII on 30 March 2020 at 16:29:45

Ballada Pty Ltd v North Point Brisbane & Anor
[2013] QCATA 184

Ballada Pty Ltd
Mr Andrew Leo Abasa

(Applicants/Appellants)
Vv

North Point Brisbane CTS 7575
Queensland Police Credit Union Ltd
(Respondents)

APL319-12
Appeals

On the papers
Brisbane

Hon James Thomas AM QC, Judicial
Member

19 June 2013
Brisbane
1. Appeal dismissed.

2. Decision of the Adjudicator in North
Point Brisbane [2012] QBCCMCmr
355 dated 7 August 2012 confirmed.

APPEAL — where decision by adjudicator
under Body Corporate and Community
Management Act 1997 — determination of
issues raised before adjudicator — appeal
confined to evidence and issues already
raised —

Decision by body corporate to upgrade air-
conditioning system - whether notice of EGM
timely and technically adequate - whether
issues raised for adjudicator's determination
— whether unit owner cast a vote by post
before meeting — vote sent but not received —
whether vote “given” — Acts Interpretation Act
1954 s 39A(1) and Body Corporate and
Community Management (Commercial
Module) Regulation 2008 s 54(2) - whether

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