sec.186Dispensing with preliminary procedures

sec.186 Dispensing with preliminary procedures

A body corporate involved in a dispute of a kind mentioned in section 184 (1) may make an application under chapter 6 , without complying with section 184 (2) , if— the requirement mentioned in subsection (3) is satisfied; or the dispute is incidental to an application by the body corporate for an order under section 281 (1) (a) or (b) . The owner or occupier of a lot involved, as a complainant, in a dispute of a kind mentioned in section 185 (1) may make an application under chapter 6 , without complying with section 185 (2) or (3) , if— the requirement mentioned in subsection (3) is satisfied; or the dispute is incidental to an application by the complainant for an order under section 281 (1) (a) or (b) . For subsection (1) (a) or (2) (a) , the requirement is that— the body corporate, owner or occupier (the initiating party ) reasonably believes— special circumstances apply for the contravention that is believed by the initiating party to have taken place and is the subject of the dispute; and because of the special circumstances, it is necessary for the dispute to be resolved urgently; and the application is for an interim order of an adjudicator. For subsection (3) , special circumstances apply for a contravention if the contravention— is likely to cause— injury to persons; or serious damage to property; or is a risk to the health or safety of persons; or is causing a serious nuisance to persons; or for another reason, gives rise to an emergency. s 186 ins 2003 No. 6 s 60 amd 2011 No. 9 s 3 sch (sec.186-ssec.1) A body corporate involved in a dispute of a kind mentioned in section 184 (1) may make an application under chapter 6 , without complying with section 184 (2) , if— the requirement mentioned in subsection (3) is satisfied; or the dispute is incidental to an application by the body corporate for an order under section 281 (1) (a) or (b) . (sec.186-ssec.2) The owner or occupier of a lot involved, as a complainant, in a dispute of a kind mentioned in section 185 (1) may make an application under chapter 6 , without complying with section 185 (2) or (3) , if— the requirement mentioned in subsection (3) is satisfied; or the dispute is incidental to an application by the complainant for an order under section 281 (1) (a) or (b) . (sec.186-ssec.3) For subsection (1) (a) or (2) (a) , the requirement is that— the body corporate, owner or occupier (the initiating party ) reasonably believes— special circumstances apply for the contravention that is believed by the initiating party to have taken place and is the subject of the dispute; and because of the special circumstances, it is necessary for the dispute to be resolved urgently; and the application is for an interim order of an adjudicator. (sec.186-ssec.4) For subsection (3) , special circumstances apply for a contravention if the contravention— is likely to cause— injury to persons; or serious damage to property; or is a risk to the health or safety of persons; or is causing a serious nuisance to persons; or for another reason, gives rise to an emergency.