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 – what is error of law – whether there was an error of law REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND LIABILITIES – GENERALLY – where the applicant was the caretaker of a scheme – where the body corporate resolved to terminate the caretaker’s services – where the caretaker applied to an Adjudicator for a declaration that the termination was void – where the Adjudicator dismissed the application – where the applicant appealed to the Appeal Tribunal

RESOLUTION OF BODY CORPORATE to terminate the caretaker’s services on the basis that it was under external administration as referred to in the Corporations Act – Mortgagee appoints controller in relation to a secured real property of the company – where the Applicant seeks to invalidate the resolution of the body corporate on the basis that such an appointment does not constitute the company having become subject to any form of external administration
WORDS AND PHRASES – “external administration” – external administration referred to in the Corporations Law or the Corporations Act Re Wakim; Ex parte McNally (1999) 198 CLR 511 Renard Constructions (ME) Pty ltd v Minister for Public Works (1992) 26 NSWLR 234 New South Wales v Commonwealth (1990) 169 CLR 482 Body Corporate and Community Management Act 1997 (Qld), s 94 and 100; Body Corporate and Community Management (Accommodation Module) Regulation 2008; Corporations Act 2001 (Cth), Chapter 5; s 427(1A); Forms 504 and 505

Cello Court Pty Ltd v Body Corporate for Cello Court (No3) [2021] QCATA 110 (3 September 2021)