REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND LIABILITIES – GENERALLY – defendant entered into service contract for common property on community title scheme with plaintiff – plaintiff allegedly breached obligations under service contract – defendant sent remedial action notice to plaintiff – plaintiff remedied some but not all of the issues outlined in notice – defendant terminated on the basis that the plaintiff had failed to comply with notice – plaintiff argued requirements of notice had been varied by verbal agreement – whether remedial action notice valid – whether plaintiff was in breach of service contract – whether requirements had been varied by any subsequent verbal agreement.
REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND LIABILITIES – GENERALLY – defendant entered into service contract for common property on community title scheme with plaintiff – plaintiff allegedly breached obligations under service contract – members of defendant resolved to terminate the service contract – plaintiff argued certain relevant material had not been put before the members prior to decision to terminate which should have been considered – whether decision to terminate service contract required to be made reasonably under s 94 of Body Corporate and Community Management Act 1997 – whether decision to terminate contract was made reasonably in any event.
Body Corporate and Community Management Act 1997, ss 10, 94, 100
Body Corporate and Community Management (Standard Module) Regulation 2008, ss 131, 159, 165
Building Fire Safety Regulation 2008, s 54
Civil Proceedings Act 2011, s 58
Ainsworth v Albrecht (2016) 261 CLR 167, considered
Body Corporate for Beaches Surfers Paradise v Backshall [2016] QCATA 177, cited
Body Corporate for the Reserve v Trojan Resorts Pty Ltd [2017] QCATA 53, considered
Burger King Corporation v Hungry Jack’s Pty Ltd (2001) 69 NSWLR 558, cited
Clarke v Japan Machines (Australia) Pty Ltd [1984] 1 Qd R 404, cited
Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service (2010) 383 ALR 677; [2010] NSWCA 268, cited
The Sands Gold Coast Pty Ltd v Body Corporate for the Sands [No 2] [2016] QCAT 365, approved
Trojan Resorts Pty Ltd v Body Corporate for the Reserve [2015] QCAT 337, considered

Sherwood Forest Corporation Pty Ltd v Body Corporate for Centenary Mews [2021] QDC 166 (05 August 2021)