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[2018] QCAT 399
General information, not legal advice.
Queensland Civil and Administrative Tribunal
2018-11-29
Original judgment source is linked above.
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).
[1] WNZ Pty Ltd is the Manager for Whitsunday Reflections, a community titles scheme.
[2] It filed an application claiming that trees on lot 42, Stonehaven Court, Airlie Beach are impeding the sea view on units 10, 12 and 13 of Whitsunday Reflections.
[3] Only a 'neighbour' may apply for an order from the Tribunal.[1] A 'neighbour' includes a registered owner of a lot affected by a tree and a body corporate for scheme land affected by a tree.[2]
[4] No evidence has been provided that WNZ is a registered owner of the lots claimed to have been affected by the trees - units 10, 12 or 13.
[5] Nor have the proceedings been commenced in the name of the Body Corporate. Moreover, no evidence has been provided that WNZ is authorised to commence these proceedings for the Body Corporate in any event. The Management Agreement[3] is not sufficient evidence of this - a body corporate acts through its committee unless it is a decision on a restricted issue.[4] No evidence has been provided of any special resolution authorising the commencement of these proceedings.[5]
[6] The Tribunal does not have jurisdiction. The application is misconceived and lacking in substance. Because of this, the application must be dismissed.
[3] Deed of Assignment and Consent dated 23 June 2016 and attachments.
WNZ Pty Ltd
Fuller [2018] QCAT 399