Bakir v Body Corporate for Chevron Renaissance CTS 30946

Ron Bakir sought to appeal a decision of an Adjudicator under the Body Corporate and Community Management Act 1997 (Qld). The Adjudicator had made a determination in relation to an application by Mr Bakir to the Body Corporate, Chevron Renaissance CTS 30946, regarding a motion made by Mr Bakir to amend the body corporate’s rules. The appeal was to the Appeal Tribunal, a statutory body with jurisdiction under the Act. The Tribunal was asked to determine whether the Adjudicator had erred in law in the way he applied the test under Schedule 5 Item 10 of the Act in making his decision, and whether the facts found by the Adjudicator were open on the evidence.

The issues for the Tribunal were whether there was an error of law in the way the Adjudicator applied the test under Schedule 5 Item 10 and whether the facts found by the Adjudicator were open on the evidence. The Tribunal held that there was an error of law in the way the Adjudicator applied the test, and that the facts found by the Adjudicator were not open on the evidence. The Adjudicator had not considered the relevant provisions of the Act, and had not properly exercised his discretion in making his decision.

The Tribunal allowed the appeal, set aside the Adjudicator’s decision in relation to the motion, and remitted the application to the Adjudicator for reconsideration on its merits. The Tribunal gave directions for the Adjudicator to follow in making his decision, and required the parties to exchange evidence and submissions by specified dates. The Tribunal also directed the Adjudicator to exercise his investigative powers as he considered necessary to determine the application on its merits.