QLDIn ForceAct
South Bank Corporation Act 1989
sec.27-oc.2Constitution of bodies corporate
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### sec.27-oc.2 Constitution of bodies corporate
The lessee or lessees from time to time shall, by virtue of this Act, upon registration of the leasehold building units plan be a body corporate under the name ‘The Lessees—(insert name of the building or stratum parcel, as the case may be) Leasehold Building Units Plan No.’.
(amended)
The name of the building or the stratum parcel shall be the name endorsed upon the relevant leasehold building units plan and the leasehold building units plan number shall be the number allotted to that leasehold building units plan under section 9 (14) .
(amended)
The Corporations Law does not apply to or in respect of a body corporate constituted under this Act.
(amended)
Subject to this Act, the body corporate shall have the powers and functions conferred or imposed on it by or under this Act or the by-laws or the management statement (if any) for the building or its site the subject of the leasehold building units plan concerned and shall do all things reasonably necessary for the enforcement of the by-laws, or management statement and the control, management and administration of the common property.
(amended)
Despite the provisions of section 26 , a body corporate for a leasehold building units plan which has been terminated under that section continues in existence until it is wound up in accordance with the order made under that section and, while it so continues in existence, is constituted by the persons referred to in section 26 (6) (c) and (d) .
(new)
The body corporate shall have perpetual succession and a common seal and shall be capable of suing and being sued in its corporate name and shall be regulated in accordance with the by-laws or management statement (if any) for the building or its site the subject of the leasehold building units plan concerned for the time being in force.
(amended)
The body corporate may—
sue and be sued on any contract made by it; and
sue for and in respect of any damage or injury to the common property caused by any person, whether a lessee or not; and
be sued in respect of any matter connected with the parcel for which the lessees are jointly liable.
(amended)
In any case in which work is carried out for the purpose of constructing or preparing the common property, the body corporate, upon registration of the leasehold building units plan, shall be deemed to have been a party to an enforceable contract for the carrying out of such work, and may sue in respect of that contract.
(amended)
(sec.27-oc.2-ssec.1) The lessee or lessees from time to time shall, by virtue of this Act, upon registration of the leasehold building units plan be a body corporate under the name ‘The Lessees—(insert name of the building or stratum parcel, as the case may be) Leasehold Building Units Plan No.’. (amended)
(sec.27-oc.2-ssec.1A) The name of the building or the stratum parcel shall be the name endorsed upon the relevant leasehold building units plan and the leasehold building units plan number shall be the number allotted to that leasehold building units plan under section 9 (14) . (amended)
(sec.27-oc.2-ssec.2) The Corporations Law does not apply to or in respect of a body corporate constituted under this Act. (amended)
(sec.27-oc.2-ssec.3) Subject to this Act, the body corporate shall have the powers and functions conferred or imposed on it by or under this Act or the by-laws or the management statement (if any) for the building or its site the subject of the leasehold building units plan concerned and shall do all things reasonably necessary for the enforcement of the by-laws, or management statement and the control, management and administration of the common property. (amended)
(sec.27-oc.2-ssec.4) Despite the provisions of section 26 , a body corporate for a leasehold building units plan which has been terminated under that section continues in existence until it is wound up in accordance with the order made under that section and, while it so continues in existence, is constituted by the persons referred to in section 26 (6) (c) and (d) . (new)
(sec.27-oc.2-ssec.5) The body corporate shall have perpetual succession and a common seal and shall be capable of suing and being sued in its corporate name and shall be regulated in accordance with the by-laws or management statement (if any) for the building or its site the subject of the leasehold building units plan concerned for the time being in force. (amended)
(sec.27-oc.2-ssec.6) The body corporate may— sue and be sued on any contract made by it; and sue for and in respect of any damage or injury to the common property caused by any person, whether a lessee or not; and be sued in respect of any matter connected with the parcel for which the lessees are jointly liable. (amended)
(sec.27-oc.2-ssec.7) In any case in which work is carried out for the purpose of constructing or preparing the common property, the body corporate, upon registration of the leasehold building units plan, shall be deemed to have been a party to an enforceable contract for the carrying out of such work, and may sue in respect of that contract. (amended)
- (a) sue and be sued on any contract made by it; and
- (b) sue for and in respect of any damage or injury to the common property caused by any person, whether a lessee or not; and
- (c) be sued in respect of any matter connected with the parcel for which the lessees are jointly liable.