REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND LIABILITIES – where the applicant is the community body corporate under a mixed-use scheme under the Mixed Use Development Act 1993 (Qld) (“the Act”) – where the respondent represents the retail and commercial building within the scheme – where for many years, the respondent has complained that the applicant has levied some contributions on all of the applicant’s members which have been applied only in the interests of the residential owners – where the applicant commenced proceedings against the respondent for unpaid levies – where the respondent claimed that, upon a proper accounting of what should have been levied against them, they had overpaid the applicant and that it should pay them – where the trial judge concluded that s 174(4)(c) of the Act had the effect that it was not open to the respondent to dispute, in the applicant’s action to recover the amount of this levy as a debt, whether the contribution levied against the respondent had been correctly determined – whether the trial judge erred in so holding Mixed Use Development Act 1993 (Qld), s 174(4)(c), s 177(1)(h)
Builders’ Licensing Board v Inglis & Anor (1985) 1 NSWLR 592, considered Cathedral Place Community Body Corporate v The Proprietors Cathedral Village BUP 106957 [2020] QCA 239, related

The Proprietors Cathedral Village BUP 106957 v Cathedral Place Community Body Corporate [2020] QCA 240 (04 November 2020)