20181085-ASC11 - North Point Brisbane [2012] QBCCMCmr 355

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               REASONS FOR DECISION
               Introduction
         [1]   This application primarily relates to the conduct and outcomes of the Body Corporate’s
               Extraordinary General Meeting (EGM) on 12 July 2011. The main purpose of the meeting was
               to consider motions relating to major work to upgrade the scheme’s air-conditioning system.
         [2]   Initially the first applicant simply disputed the failure to count its purported EGM vote. The
               Body Corporate says the voting paper was not received. The first applicant sought an interim
               order to stop the EGM motions, which was dismissed 1. The application was then amended to
               add the second applicant, second respondent and several additional outcomes.
         [3]   In regard to the Body Corporate, the application now argues the EGM notice and motions were
               confusing and misleading. It seeks to invalidate the EGM notice and resolutions. The issue to
               be determined is whether the EGM notice and resolutions met the legislative requirements.
         [4]   Next, the applicants want QPCU to pay for the new air-conditioning installed in its ground floor
               and level 1 lots; account to the Body Corporate for income received by it for leasing out its
               exclusive use car spaces; pay the Body Corporate rent and compensation for the ATM it
               installed in the ground floor lobby; and execute a lease, pay for electricity and pay for
               maintenance in respect of the ATM. It will therefore be necessary to determine whether the
               actions of QPCU in regard to those issues complied with the requirements of the legislation.
               Preliminaries
         [5]   North Point Brisbane community titles scheme 7575 (North Point) consists of 76 lots and
               common property. The community management statement (CMS) shows the Commercial
               Module applies to the scheme. The scheme is registered as Building Units Plan 7688.
               Application
         [6]   This application was lodged under the Act on 5 August 20112.
         [7]   On 19 August 2011 I made an order dismissing the application for interim orders.
         [8]   The application was then amended, and now seeks the following outcomes:
                    With regard to the Body Corporate for North Point CTS 7575
                    - All purported resolutions made 12 July 2011 be set aside
                    - The purported Notice of EGM of 21 June 2-11 be set aside
                    With regard to the Queensland Police Credit Union, QPCU.
                    - That the QPCU pay all the costs of new air-conditioning installed for its premises at
                       Ground Floor and Level 1 at North Point.
                    - That the QPCU forthwith account to the Body Corporate for all moneys received by it in
                       respect of car parks let out by it on common property on the upper level Car Park under
                       an exclusive use basis procured in its favour.
                    - That the QPCU forthwith account to the Body Corporate for rental and compensation
                       for the ATM it has installed in the ground floor lobby in the amount of $12,580pa in the
                       first year increasing by 4%pa every year thereafter.
                    - That QPCU be required to execute a lease and be responsible for all electricity used as
                       well as proper maintenance and appearance of the ATM enclosure as well as all
                       reinstatement costs incurred if and when the ATM is removed.
               Procedural matters
         [9]   Prior to determining the interim order applicant, an interim submission was received from the
               Body Corporate Manager (BCM), Stewart Silver King and Burns (SSKB).

         1
             North Point Brisbane [2011] QBCCMCmr 354
         2
             Initially the application was lodged as an application for the order of a referee under the Building Units and
             Group Titles Act 1980. An adjudication application form was subsequently submitted.


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


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Signed by AustLll

REASONS FOR DECISION

Introduction

«1 This application primarily relates to the conduct and outcomes of the Body Corporate’s
Extraordinary General Meeting (EGM) on 12 July 2011. The main purpose of the meeting was
to consider motions relating to major work to upgrade the scheme’s air-conditioning system.

(2 Initially the first applicant simply disputed the failure to count its purported EGM vote. The
Body Corporate says the voting paper was not received. The first applicant sought an interim

order to stop the EGM motions, which was dismissed’. The application was then amended to
add the second applicant, second respondent and several additional outcomes.

(31 In regard to the Body Corporate, the application now argues the EGM notice and motions were
confusing and misleading. It seeks to invalidate the EGM notice and resolutions. The issue to
be determined is whether the EGM notice and resolutions met the legislative requirements.

14 Next, the applicants want QPCU to pay for the new air-conditioning installed in its ground floor
and level 1 lots; account to the Body Corporate for income received by it for leasing out its
exclusive use car spaces; pay the Body Corporate rent and compensation for the ATM it
installed in the ground floor lobby; and execute a lease, pay for electricity and pay for
maintenance in respect of the ATM. It will therefore be necessary to determine whether the
actions of QPCU in regard to those issues complied with the requirements of the legislation.

Preliminaries

ts) North Point Brisbane community titles scheme 7575 (North Point) consists of 76 lots and
common property. The community management statement (CMS) shows the Commercial
Module applies to the scheme. The scheme is registered as Building Units Plan 7688.

Application
(4) This application was lodged under the Act on 5 August 201 47.
7 On 19 August 2011 | made an order dismissing the application for interim orders.
(31 The application was then amended, and now seeks the following outcomes:

With regard to the Body Corporate for North Point CTS 7575
- All purported resolutions made 12 July 2011 be set aside
- The purported Notice of EGM of 21 June 2-11 be set aside

With regard to the Queensland Police Credit Union, QPCU.

- That the QPCU pay all the costs of new air-conditioning installed for its premises_at
Ground Floor and Level 1 at North Point.

- That the QPCU forthwith account to the Body Corporate for all moneys received by it in
respect of car parks let out by it on common property on the upper level Car Park under
an exclusive use basis procured in its favour.

- That the QPCU forthwith account to the Body Corporate for rental and compensation
for the ATM it has installed in the ground floor lobby in the amount of $12,580pa in the
first year increasing by 4%pa every year thereafter.

- That QPCU be required to execute a lease and be responsible for all electricity used as
well as proper maintenance and appearance of the ATM enclosure as well as all
reinstatement costs incurred if and when the ATM is removed.

Procedural matters

(1 Prior to determining the interim order applicant, an interim submission was received from the
Body Corporate Manager (BCM), Stewart Silver King and Burns (SSKB).

" North Point Brisbane [2011] QBCCMCmr 354
2 Initially the application was lodged as an application for the order of a referee under the Building Units and
Group Titles Act 1980. An adjudication application form was subsequently submitted.

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Retrieved from AustLII on 30 March 2020 at 16:27:59 Verify version