McColl v Body Corporate for Lakeview Park CTS 20751

McColl sought leave to appeal a District Court judgment in relation to a dispute about the validity of a by-law passed by the Body Corporate for Lakeview Park. The applicant argued that the by-law in question was an "exclusive use by-law" and that it should have been passed without dissent in accordance with section 55 of the Body Corporate and Community Management Act 1997 (Qld). The applicant further contended that the original adjudicator had failed to properly investigate the application as required by section 220 of the Act. The court was required to decide whether the by-law was indeed an "exclusive use by-law" and whether there was a failure by the adjudicator to investigate the application as required by the Act.

The court found that the by-law in question was not an "exclusive use by-law" as it did not exclusively restrict the use of a particular part of the property. The court also held that there was no failure by the adjudicator to properly investigate the application as the adjudicator had considered all relevant evidence and arguments. The court noted that the applicant had not demonstrated that there was a serious question to be tried or that the appeal would have a reasonable chance of success. Therefore, the court refused the application for leave to appeal and ordered that the applicants pay the respondent's costs of the application.