APPEAL AND NEW TRIAL – PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL – SETTING ASIDE – whether the proper interpretation of s 229A of the Body Corporate and Community Management Act 1997 (Qld) excluded from “a related dispute” a debt owing by a body corporate to a lot owner in respect of a different levy period to that forming the claim for recovery of a debt by the body corporate – whether s229A did not exclude from consideration, in the respondent’s proceeding, the applicant’s claim to recovery of amounts paid by way of overpayment – where once it is understood that s 229A deals with debt disputes between the body corporate and an owner of a lot in respect of the recovery of a debt under the Act, there is no warrant to limit a related dispute to only a claim in respect of the same levy period – whether the application should be granted.
Body Corporate and Community Management Act 1997 (Qld), s 227(1)(b), s 228(1), s 229(1), s 229(2)(a), s 229(3), s 229A Body Corporate and Community Management (Commercial Module) Regulation 2008 (Qld) Body Corporate of the Lang Business CTS 5941 v Green [2008] QSC 318, cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28, applied
Villan v The Body Corporate for The Winston (Cairns) Community Titles Scheme 37263 [2024] QCA 31 (8 March 2024)
