APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHERE APPEAL LIES – ERROR OF LAW – where appeal from Adjudicator’s decision only on a question of law –– where the lot owners passed motion 14 to adopt a new Caretaker’s at an Annual General Meeting – where application brought to challenge the validity of the motion – where the adjudicator declared a vote taken at the Annual General Meeting to adopt a new Caretaker’s agreement void – where a finding that the explanatory statement was misleading in not providing further information – where not all lot owners given notice of the meeting within 21 days – whether lot owners given adequate notice in any event – whether the Committee was required to provide
further information to lot owners in the explanatory statement concerning motion 14 – whether the absence of the information was misleading – the extent to which the Committee is required to provide information in the explanatory statement – whether there was a reasonable amount of information in the explanatory statement.
Body Corporate and Community Titles Act 2007 (Qld), s289, s 296 and s 100; Carroll & Ors v Body Corporate for Palm Springs Residence CTS 29467 [2013] QCAT 21; Wei-Xin Chen v Body Corporate for Wishart Village CTS 19482, Appeal 4080 of 2000, District Court 29 May 2001 (unreported). Morat Pharmaceuticals Pty Ltd v Hoft Pty Ltd & Anor [2014] QCA 319 Body Corporate for Palm Springs Residences CTS 29467 v J Patterson Holdings Pty Ltd [2008] QDC 300 Admiralty Towers [2014] QBCCMC mar 317. Sun City Resort [2016] QBCCMC mar 436. Contessa Condominiums [2018] QBCCMC mar 547

Scholer Pty Ltd as Trustee v Gowland and Anor [2021] QCATA 119 (27 September 2021)