Drift Palm Cove (Management) Pty Ltd v Body Corporate for Drift Palm Cove

Drift Palm Cove (Management) Pty Ltd sought to have the Reviewable Terms of a Caretaking Agreement amended, seeking an increase in remuneration payable by Body Corporate for Drift Palm Cove. The matter was heard by the Queensland Civil and Administrative Tribunal (QCAT). The primary issue before the tribunal was whether the applicant was entitled to an increased remuneration under the Caretaking Agreement and, if so, what amount was justified. The tribunal had to review the functions and powers of the service contractor, as well as the reasonableness of the remuneration claimed.

The tribunal found that the applicant was entitled to an increase in remuneration. The tribunal noted that the applicant had provided evidence of the work performed and the costs incurred, which demonstrated that the amount claimed was reasonable. The tribunal also considered the terms of the Caretaking Agreement and found that the applicant's entitlement to remuneration was not limited to the amount specified in the agreement. The tribunal ordered that the remuneration payable to the applicant be increased to $209,233.26 (exclusive of GST) as and from 14 February 2010. The tribunal also ordered that the applicant be entitled to interest at the rate of 10% per annum on the above amount as and from 14 February 2010 to the date of payment. The tribunal made no order as to costs.