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

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                                                      body corporate made “suitable alternative
                                                      arrangements” instead of a mailbox for
                                                      reception of mail –
                                                      Whether resolutions invalid for uncertainty or
                                                      unreasonableness – whether resolutions
                                                      required to be carried without dissent -
                                                      whether project shown to be unauthorised –
                                                      Whether applicant unit owners could claim
                                                      cost of air conditioning project against
                                                      another unit owner if project not duly
                                                      authorised –
                                                      Grant of exclusive use of common property
                                                      for car spaces - nature of such grant -
                                                      Community Management Statement by-law
                                                      30 - whether owner of such right entitled to
                                                      retain proceeds of rental of such spaces -
                                                      whether body corporate for unit owners have
                                                      any right to an account of such earnings –
                                                      Installation of ATM machine in common
                                                      property area - whether committee resolution
                                                      authorising installation should be set aside -
                                                      need for claim against body corporate to set
                                                      aside committee resolution - whether issue
                                                      properly raised before adjudicator - whether
                                                      applicant unit owners had any cause of action
                                                      against the unit owner installing the machine.

                                                      Body Corporate and Community
                                                      Management Act 1997, s170, s 289(2)
                                                      Body Corporate and Community
                                                      Management (Commercial Module)
                                                      Regulation 2008, s 34, s 39, s 41, s 54(2),
                                                      s 62, s 119, s 123, s 129
                                                      Acts Interpretation Act 1954, s 39A(1),
                                                      s 39A(3)

                                                      North Wind Pty Ltd v Proprietors - Strata Plan
                                                      3143 [1981] 2 NSWLR 809, cited
                                                      Independent Finance Group Pty Ltd v Mytan
                                                      Pty Ltd & Anor [2001] QCA 306, cited
                                                      Katsikalis v Body Corporate for "The Centre"
                                                      [2009] QCA 77, cited

                    APPEARANCES and REPRESENTATION (if any):

                    This matter was heard and determined on the papers pursuant to s 32 of
                    Queensland Civil and Administrative Tribunal Act 2009.


                    REASONS FOR DECISION




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


[OCR of page images]
Signed by AustLll

body corporate made “suitable alternative
arrangements” instead of a mailbox for
reception of mail —

Whether resolutions invalid for uncertainty or
unreasonableness -— whether resolutions
required to be carried without dissent -
whether project shown to be unauthorised —
Whether applicant unit owners could claim
cost of air conditioning project against
another unit owner if project not duly
authorised —

Grant of exclusive use of common property
for car spaces - nature of such grant -
Community Management Statement by-law
30 - whether owner of such right entitled to
retain proceeds of rental of such spaces -
whether body corporate for unit owners have
any right to an account of such earnings —
Installation of ATM machine in common
property area - whether committee resolution
authorising installation should be set aside -
need for claim against body corporate to set
aside committee resolution - whether issue
properly raised before adjudicator - whether
applicant unit owners had any cause of action
against the unit owner installing the machine.

Body Corporate and Community
Management Act 1997, s170, s 289(2)
Body Corporate and Community
Management (Commercial Module)
Regulation 2008, s 34, s 39, s 41, s 54(2),
s 62,8 119,s 123,s 129

Acts Interpretation Act 1954, s 39A(1),

s 39A(3)

North Wind Pty Ltd v Proprietors - Strata Plan
3143 [1981] 2 NSWLR 809, cited
Independent Finance Group Pty Ltd v Mytan
Pty Ltd & Anor [2001] QCA 306, cited
Katsikalis v Body Corporate for "The Centre"
[2009] QCA 77, cited

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of
Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

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

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