REAL PROPERTY – STRATA AND RELATED TITLES – GENERAL MATTERS – JURISDICTION AND POWERS OF COURTS AND TRIBUNALS – the plaintiff seeks recovery of levies for contributions under the Body Corporate and Community Management Act 1997 – the defence pleads that the contributions were determined in breach of that Act – whether the District Court has jurisdiction to determine that issue – by the counterclaim the defendant seeks relief for (among other claims) alleged breaches of the body corporate’s duties under the Act and the regulations – whether the District Court has jurisdiction to determine those issues or they can only be determined by the dispute resolution processes under the Act – whether those issues and the balance of the defendant’s counterclaim, for damages for negligence or nuisance and for an injunction as a consequence of the nuisance, are a “related dispute” to the debt dispute and ought therefore be determined by a dispute resolution process under the Act or by the District Court

The Body Corporate for the Anchorage One v Huang [2022] QDC 119 (26 May 2022)