REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND LIABILITIES – BODY CORPORATE MANAGER – APPOINTMENT AND FUNCTIONS – CODE OF CONDUCT – BREACH – where the respondent was appointed Body Corporate Manager pursuant to a body corporate management agreement signed by two committee members – where the validity of the appointment was challenged by the applicant at an adjudication – where the vote appointing the respondent at the Annual General Meeting differed from the vote recorded in the minutes of the Annual General Meeting signed by committee members – where applicant sought an adjudication in respect of the appointment of the respondent in reliance of the vote taken at the Annual General Meeting – where the adjudication undertook a recount of the votes of the Annual General Meeting – where the recount of the vote was different to that taken at the Annual General Meeting – where on the recount the respondent did not receive a majority of votes rendering its appointment was invalid – where respondent withdrew a contract cancellation fee from the applicant’s bank account without authority – whether management agreement void ab initio – whether respondent liable for refund of management fees – whether respondent’s conduct breached the Code of Conduct.
CONTRACT – GENERAL PRINCIPLES – PERFORMANCE OF CONTRACTUAL DUTIES – DISCHARGE FOR INVALIDITY – DAMAGES – RESTITUTION – where respondent carried out the duties of body corporate manager under a management agreement – where the management agreement terminated because of an invalid appointment – where the applicant claims restitution of management fees paid to the respondent for the period the respondent carried out the duties of body corporate manager – whether the consideration for the management agreement wholly failed – whether the respondent liable to refund fees
Body Corporate and Community Title Act 1997, s 118, s 149B, s 151, Schedule 2
Body Corporate and Community Management Accommodation Module Regulation 2020 (Qld), s 224
Baltic Shipping v Dillon (1993) CLR 344
Clermont Apartments [2021] QBCCMCmr 231
Clermont Apartments [2022] QBCCMCmr 85
Fibrosa Spalka Akcyina v Fairbairn Lawson Combe Barbour Ltd [1943] AC 32.
Randall v Body Corporate for Runaway Cove Bayside CTS 25498 [2011] QCATA 10
Whatco Pty Ltd v Body Corporate for Illawong Lakes Resort CTS 22485 [2023] QCAT 289
Principles of Contract Law Robertson & Paterson 6th ed
Body Corporate for Clermont Apartments v Mercier BC t as Mercier Body Corporate Services [2024] QCAT 13 (10 January 2024)
