Glynn v Body Corporate for Expansion Court CTS 28031

In the matter of Glynn v Body Corporate for Expansion Court CTS 28031, the primary issue was an application by the applicant to adjust the contribution schedule lot entitlements and interest schedule lot entitlements under the community title scheme. The scheme in question commenced before the implementation date of the relevant legislative amendments, which was 14 April 2011. The dispute centred on whether the body corporate could make adjustments to the schedule under the circumstances presented, specifically whether there had been a material change in circumstances since the scheme's inception, and the application of the market value principle.

The court had to determine whether the adjustments sought by the applicant were permissible given the pre-existing commencement date of the scheme, and whether the market value principle could be applied despite the lack of comprehensive expert evidence. The court also needed to consider the extent to which the body corporate could make adjustments under the relevant legislation and community title scheme rules, without causing unfairness to the lot owners.

The court held that the adjustments proposed were permissible as there had been no material change to the circumstances of the scheme. It was determined that the market value principle could be applied, even in the absence of detailed expert evidence, because the adjustments proposed aligned with the principle and were reasonable under the circumstances. The court emphasised that the primary objective was to ensure fairness and equity among the lot owners, and the adjustments proposed achieved this objective. Consequently, the application was allowed in part, with specific adjustments to the interest schedule to reflect the market value principle. The body corporate was ordered to amend the community management statement to incorporate these changes.