Pearce & Anor v Body Corporate for Riparian Plaza Apartments CTS 34665

In Pearce & Anor v Body Corporate for Riparian Plaza Apartments, the plaintiffs sought a review of a decision made by the tribunal regarding the Body Corporate's contribution schedule. The plaintiffs argued that the tribunal's earlier order was made without opposition and, therefore, did not constitute an adjustment order under the relevant legislation. The dispute centred on the interpretation of the term "adjustment order" as defined in the legislation and the implications of an order being made without opposition.

The primary legal issue before the court was whether an adjustment order can be made without opposition and still be considered an adjustment order under the legislation. The plaintiffs contended that the absence of opposition meant that the order was not subject to the procedural requirements that apply to adjustment orders, and thus, the tribunal did not have the authority to make such an order. The Body Corporate argued that the absence of opposition did not affect the validity of the order as an adjustment order.

The court held that the term "adjustment order" in the legislation is not limited to orders made in contested proceedings. The court found that the absence of opposition did not negate the fact that the order was an adjustment order. The court emphasised that the legislative intent was to allow for flexibility in the adjustment process, and the absence of opposition did not preclude the tribunal from making an adjustment order. Therefore, the tribunal's order was valid and binding.

The court ordered that the plaintiffs' application for review be dismissed, and the tribunal's earlier adjustment order was upheld. The plaintiffs were required to bear their own costs of the application.