PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – PARTIES AND

REPRESENTATION – PROPER OR NECESSARY PARTY AND STANDING – where the first respondent defendant was a body corporate which terminated letting and caretaking agreements with the first applicant plaintiff – where the body corporate’s committee members and its solicitor were included as defendants – whether parts of the statement of claim relating to the body corporate’s committee members and solicitor disclose no reasonable cause of action or are an abuse of process – whether these paragraphs should be struck out
PROCEDURE – STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY – JURISDICTION – GENERALLY – where the first respondent defendant was a body corporate which terminated letting and caretaking agreements with the first applicant plaintiff – where the dispute had not been pursued before a specialist adjudicator or QCAT – whether the remainder of the claim and statement of claim should be set aside for want of jurisdiction or because the dispute must be remedied before a specialist adjudicator or QCAT.
Australian Consumer Law (Cth), s 18, s 37, s 236
Body Corporate and Community Management (Accommodation Module) Regulation 2008 (Qld), s 128(1)(c)
Body Corporate and Community Management Act 1997 (Qld), s 96, s 149B, s 229(2), s 250(2), s 276(1)
Human Rights Act 2019 (Qld), s 48
Property Occupations Act 2014 (Qld), s 100
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 52
Uniform Civil Procedure Rules 1999 (Qld), r 16, r 149(1)(b), r 150(1)(j), r 171(1)
Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594, cited
Dual Homes v Moores Legal (2016) 50 VR 129, cited
Dunlop v Department of Justice and Attorney-General (Qld) [2020] QSC 160
Henderson & Anor v The Body Corporate for Merrimac Heights [2011] QSC 336, cited
Houghton v Arms (2006) 225 CLR 553, distinguished
James v Body Corporate Aarons Community Title Scheme 11476 [2002] QSC 386, cited
James v Body Corporate Aarons Community Title Scheme 11476 [2004] 1 Qd R 386, cited
MHA v DMA 18 (2020) 385 ALR 16, cited
New Cap Reinsurance Corporation Ltd v Daya (2008) 216 FLR 126, explained
Orison v Strategic Minerals (1987) 13 ACLR 314, distinguished
Wardrope v Dunne [1996] Qd R 224, cited

Dunlop & Anor v Body Corporate For Port Douglas Queenslander CTS 886 & Ors [2021] QSC 85 (27 April 2021)