Pead v Chambers and Anor (No.2)

QUEENSLAND CIVIL AND

ADMINISTRATIVE TRIBUNAL

CITATION:

Pead v Chambers & Anor (No.2) [2021] QCATA 3

PARTIES:

JILL PEAD

(applicant)

v

SANDRA CHAMBERS

(first respondent)

THE BODY CORPORATE FOR OUTRIGGER SUITES CTS 32195

(second respondent)

APPLICATION NO/S:

APL199-18

ORIGINATING APPLICATION NO/S:

BCCM0215-18

MATTER TYPE:

Appeals

DELIVERED ON:

6 January 2021

HEARING DATES:

18 December 2020 and further written submissions 22 and 23 December 2020

HEARD AT:

Brisbane

DECISION OF:

Member Roney QC

ORDERS:

The appeal is dismissed.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES– where s 289(2) of the Body Corporate and Community Management Act 1997 (Qld) allows a person aggrieved by an Adjudicator’s order to appeal on a question of law to the Queensland Civil and Administrative Tribunal (QCAT) – what is error of law.

REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND LIABILITIES – OTHER CASES – body corporate expenditure – where committee resolved to pay legal fees of committee members to defend proceedings under the Peace and Good Behaviour Act 1982 (Qld) - purposes for which administrative fund and sinking fund may be applied –
section 137 and section 146 Body Corporate and Community Management (Accommodation Module) Regulation 2008 (Qld)

BODY CORPORATE COMMITTEES- POWERS - whether committee resolutions to pay or reimburse legal defence costs of the three committee members the subject of proceedings under the Peace and Good Behaviour Act 1982 (Qld), and confirming that resolution subject to certain amendments, were void under section 42(1)(f) of the Accommodation Module on the basis that they were decisions to pay remuneration, allowances or expenses to a member of the committee - restricted issues -whether section 43 of the Accommodation Module applied such that it permitted those decisions to be made by the Committee.

STATUTES – SUBORDINATE LEGISLATION – CONSTRUCTION – PARTICULAR WORDS – pay remuneration , allowances or expenses

Body Corporate and Community Management Act 1997 (Qld), s 162, s 289, s 290
Body Corporate and Community Management (Accommodation Module) Regulation 2008 (Qld), s 19,
s 42(1)(f), s 43, s 137, s 146, s 161
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 146

Peace and Good Behaviour Act 1982 (Qld)

Bell v Commissioner of Taxation [2012] FCA 1042
Federal Commission of Taxation v Trail Brothers Steel & Plastics Pty Ltd (2010) 186 FCR 410
Minister for Immigration and Multicultural and Indigenous Affairs v Al-Miahi (2001) 65 ALD 141; [2001] FCA 744
Tisdall v Webber (2011) 193 FCR 260
Van Deurse & Anor v Q1 Management Pty Ltd & Anor [2017] QCATA 113
O’Donnell & Anor v Body Corporate for Magic Mountain Apartments [2020] QCATA 153

REPRESENTATION:
Applicant:	Self-represented
First Respondent:	Self-represented
Second Respondent:	Self-represented
APPEARANCES:	This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. This is an appeal from a decision made by an Adjudicator appointed by the BCCM…