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

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                    [1]   This is an appeal (or an application for leave to appeal) against an
                          adjudicator’s decision concerning disputes between two unit owners and
                          the body corporate for the North Point Brisbane Community Titles
                          Scheme, and between those unit owners and another unit owner (the
                          Queensland Police Credit Union).

                    Nature of dispute

                    [2]   The applicants are Ballada Pty Ltd (“Ballada”) and Mr Andrew Abasa.
                          Both are unit owners in the scheme.

                    [3]   The North Point Brisbane Community Titles Scheme 7575 contains 76 lots
                          and common property. Under the Scheme’s Community Management
                          Statement (“CMS”) the applicable regulatory module is the Body
                          Corporate and Community Management (Commercial Module) Regulation
                          2008 (“the Commercial Module”). The scheme is registered as Building
                          Units Plan 7688.

                    [4]   The Queensland Police Credit Union (“QPCU”) is the proprietor of the
                          ground floor and first level of the North Point building, from which it
                          conducts a credit union business. It also owns a substantial number of
                          other units in the building, and is the proprietor of 35 of the 76 lots in the
                          scheme.

                    [5]   The relief initially sought by the applicants was the setting aside of various
                          motions that had been carried at an Extraordinary General Meeting
                          (“EGM”) of the Body Corporate on 12 July 2011 authorising the body
                          corporate to proceed with an air-conditioning scheme as amended. The
                          issues expanded as the adjudication proceeded, and in due course the
                          QPCU was added as a respondent against which multiple claims were
                          made. These included that the QPCU should be ordered to pay all the
                          costs of the new air-conditioning system installed and to be installed on
                          the ground floor and level 1 at North Point, that it account for all monies
                          received in respect of car-parks let out by it on the upper level car park,
                          that it pay rental and compensation in respect of its use of an ATM
                          situated in the ground floor lobby and that it be ordered to do various
                          things in relation to the ATM.

                    [6]   The QPCU has also been included as a respondent in the present appeal.
                          However it did not file any submissions on the appeal, and has been
                          content to rely on the submissions of the respondent body corporate.

                    [7]   The Adjudicator’s decision was adverse to the applicants on all issues,
                          resulting in the dismissal of their application on all points.

                    Nature of appeal

                    [8]   The right to appeal an adjudicator’s decision arises under part 11 of
                          chapter 6 of the Body Corporate and Community Management Act 1997
                          (“the BCCM Act”) (ss 288A-294). Under s 289(2) an appeal from an
                          adjudicator’s determination lies only on a question of law.




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


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[1]

This is an appeal (or an application for leave to appeal) against an
adjudicator’s decision concerning disputes between two unit owners and
the body corporate for the North Point Brisbane Community Titles
Scheme, and between those unit owners and another unit owner (the
Queensland Police Credit Union).

Nature of dispute

[2]

13]

[4]

[5]

[6]

[7]

The applicants are Ballada Pty Ltd (“Ballada”) and Mr Andrew Abasa.
Both are unit owners in the scheme.

The North Point Brisbane Community Titles Scheme 7575 contains 76 lots
and common property. Under the Scheme’s Community Management
Statement (“CMS”) the applicable regulatory module is the Body
Corporate and Community Management (Commercial Module) Regulation
2008 (“the Commercial Module”). The scheme is registered as Building
Units Plan 7688.

The Queensland Police Credit Union (“QPCU”) is the proprietor of the
ground floor and first level of the North Point building, from which it
conducts a credit union business. It also owns a substantial number of
other units in the building, and is the proprietor of 35 of the 76 lots in the
scheme.

The relief initially sought by the applicants was the setting aside of various
motions that had been carried at an Extraordinary General Meeting
(“EGM”) of the Body Corporate on 12 July 2011 authorising the body
corporate to proceed with an air-conditioning scheme as amended. The
issues expanded as the adjudication proceeded, and in due course the
QPCU was added as a respondent against which multiple claims were
made. These included that the QPCU should be ordered to pay all the
costs of the new air-conditioning system installed and to be installed on
the ground floor and level 1 at North Point, that it account for all monies
received in respect of car-parks let out by it on the upper level car park,
that it pay rental and compensation in respect of its use of an ATM
situated in the ground floor lobby and that it be ordered to do various
things in relation to the ATM.

The QPCU has also been included as a respondent in the present appeal.
However it did not file any submissions on the appeal, and has been
content to rely on the submissions of the respondent body corporate.

The Adjudicator’s decision was adverse to the applicants on all issues,
resulting in the dismissal of their application on all points.

Nature of appeal

[8]

The right to appeal an adjudicators decision arises under part 11 of
chapter 6 of the Body Corporate and Community Management Act 1997
(‘the BCCM Act’) (ss 288A-294). Under s 289(2) an appeal from an
adjudicator’s determination lies only on a question of law.

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

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