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

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                           special resolution.15 But there was no evidence to justify the making of
                           any order against the QPCU such as that sought by the applicants. As the
                           Adjudicator observed, such questions could only be considered in the
                           context of an application seeking orders against the body corporate. The
                           applicants may well be able to pursue this grievance in due course, along
                           lines submitted by the body corporate, namely “the only remedy available
                           to the appellant… [on this issue].. is to commence a dispute resolution
                           process against the body corporate, pursuant to s 229 (3)(a) of the
                           BCCMA”.

                    Orders

                    [88]   No error of law capable of affecting the outcome has been shown.

                    [89]   The appeal should be dismissed and the decision of the Adjudicator in
                           North Point Brisbane [2012] QBCCMCmr 355 dated 7 August 2012 should
                           be confirmed.




                    15
                             Commercial Module s 117(2)




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special resolution.'® But there was no evidence to justify the making of
any order against the QPCU such as that sought by the applicants. As the
Adjudicator observed, such questions could only be considered in the
context of an application seeking orders against the body corporate. The
applicants may well be able to pursue this grievance in due course, along
lines submitted by the body corporate, namely “the only remedy available
to the appellant... [on this issue].. is to commence a dispute resolution
process against the body corporate, pursuant to s 229 (3)(a) of the
BCCMA’.

Orders
[88] No error of law capable of affecting the outcome has been shown.
[89] The appeal should be dismissed and the decision of the Adjudicator in

North Point Brisbane [2012] QBCCMCmr 355 dated 7 August 2012 should
be confirmed.

Commercial Module s 117(2)

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