Thompson v. Capricorn Pacific Apartments CTS 5587

In the matter of Thompson v Capricorn Pacific Apartments, the applicant, Mr Thompson, sought an adjustment to the contribution schedule in relation to his apartment lot. The dispute arose from the body corporate's refusal to adjust the contributions based on a claim that the lot's entitlements were incorrect. The application was heard in the Civil and Administrative Tribunal of New South Wales.

The primary legal issues before the tribunal were whether the application for adjustment to the contribution schedule constituted an incomplete adjustment matter and, if so, whether it constituted a division 4 dispute. The tribunal considered whether the application was an incomplete adjustment matter as defined by the Body Corporate and Community Management Act 1997. The tribunal also considered whether the application was a dispute under Division 4 of the Act, which deals with the resolution of disputes between lot owners and body corporates.

The tribunal found that the application did not constitute an incomplete adjustment matter because the application was complete in itself and did not require any further action to be taken by the body corporate. The tribunal also found that the application did not constitute a division 4 dispute because it did not involve a dispute between lot owners and the body corporate. The tribunal dismissed the application and made no orders.