The Body Corporate of Tradition CTS 32885 v The Body Corporate of Coomera Waters CTS 29693

In the Queensland Civil and Administrative Tribunal, the Body Corporate of Tradition CTS 32885 sought an adjustment to the interest schedule lot entitlements concerning the property located in Coomera Waters CTS 29693. The Applicant argued that the current entitlements were unfair and needed to be adjusted to reflect the true value of the lots. The Respondent contested the application, asserting that the Applicant had failed to provide sufficient evidence to support the claim.

The central legal issues before the Tribunal were whether the Applicant had provided adequate evidence to substantiate the adjustment of the lot entitlements and whether the Applicant had been given a fair opportunity to rectify any deficiencies in the evidence. The Tribunal needed to determine if the application should proceed and, if not, whether the Applicant should be granted an opportunity to provide the necessary evidence.

The Tribunal found that the Applicant's evidence was insufficient to support the application for the adjustment of lot entitlements. The Tribunal noted that the Applicant had not provided expert evidence on the matter, and the evidence presented was inadequate. However, the Tribunal also recognised that the Applicant had not been given a proper opportunity to address this deficiency. Consequently, the Tribunal decided to adjourn the application, allowing the Applicant to file a relevant market determination by a qualified valuer by a specified deadline. The Tribunal also ordered that if the Applicant failed to meet the deadline, the application would be dismissed without further order. The application and cross-application for costs were also adjourned, to be listed for hearing upon notice by either party and the Registrar.

The final orders included adjourning the application, giving the Applicant an opportunity to file a relevant market determination by a qualified valuer by 4:00pm on 5 March 2012, dismissing the application if the Applicant failed to comply, and adjourning the application and cross-application for costs.