APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where s 289(2)of the Body Corporate and Community Management Act 1997 (Qld) allows a person aggrieved by an Adjudicator’s order to appeal on a question of law to the Queensland Civil and Administrative Tribunal
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – procedure – appeal – stay pending appeal – whether power to grant – test for granting – whether stay appropriate- application to extend time to appeal by a period of weeks – whether to grant – test for granting
BODY CORPORATE INVESTMENT – where the body corporate invested in a company that purchased lots in the scheme – where the company was created as an investment vehicle for the body corporate – whether the body corporate had the power to invest in the company – whether the body corporate acquired an interest in a lot – whether the body corporate is carrying on a business – whether the committee resolutions were valid – whether the body corporate acted reasonably – whether the chairperson as sole director of the company had a conflict of interest.
BODY CORPORATE INVESTMENT – where the body corporate invested in a company that purchased lots in the scheme – whether general meeting resolutions to ratify committee resolutions to purchase shares in the company were valid.
Body Corporate for Southport Central Residential v Teo Tran [2023] QCATA 75 (20 June 2023)