PRINCIPLES – STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY – JURISDICTION – DECLARATIONS – JURISDICTION – GENERALLY – where the respondent is a body corporate – where the respondent assigned a management agreement to the applicant – where the management agreement provided for the agreement could be terminated – where the respondent purported to terminate the management agreement without ordinary resolution in general meeting – where the applicant has brought an application in Supreme Court seeking declaration that termination of no force and effect – where the respondent argues QCAT has exclusive jurisdiction – where the Body Corporate and Community Management Act 1997  (Qld) provides that disputes which are not complex dispute must be resolved by a dispute resolution process or order of the Appeal Tribunal – whether this is a dispute under the provisions whether the Supreme Court has jurisdiction to determine the application – whether this was a “dispute” for the purposes of the exclusivity of dispute resolution provisions of the Body Corporate and Community Management Act 1997 (Qld)
REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND LIABILITIES – GENERALLY – where respondent body corporate purported to terminate a service contractor without ordinary resolution in general meeting – whether this was a valid termination pursuant to s 100 of the Body Corporate and Community Management (Commercial Module) Regulation 2020 (Qld) – whether this was a decision on a “restricted issue” under the Regulation – whether the purported termination should be declared of no force and effect
Body Corporate and Community Management Act 1997 (Qld), s 15, s 100, s 226, s 227, s 229
Body Corporate and Community Management (Commercial Module) Regulation 2020 (Qld), s 17, s 99, s 100
Henderson & Anor v The Body Corporate for Merrimac Heights [2011] QSC 336

Breeze Mr Pty Ltd v Body Corporate for Bay Village Community Title Scheme 33127 [2021] QSC 263