Sunday, September 27, 2020

Body Corporate And Community Management Act 1997

Chapter 6
Part 9
Division 2
Section 270

Dismissal of applications | Section 270

(1)The adjudicator may make an order dismissing the application if—

(a)it appears to the adjudicator that the adjudicator does not have jurisdiction to deal with the application; or

(b)the adjudicator is satisfied the dispute should be dealt with in a court or tribunal of competent jurisdiction; or

(c)it appears to the adjudicator that the application is frivolous, vexatious, misconceived or without substance; or

(d)the applicant fails, without reasonable excuse, to comply with a requirement of the adjudicator under section 271(1); or

(e)the adjudicator is satisfied—

(i)a party to the application is no longer a person mentioned in section 227(1) for the dispute the subject of the application; and

(ii)the outcome sought by the application is no longer relevant or required; or

(f)the subject of the application is a debt dispute, and a proceeding between the parties to the application has been started before QCAT or in a court of competent jurisdiction in relation to the subject matter of a debt dispute; or

(g)the subject of the application is a related dispute to a debt dispute.

(2)The adjudicator’s power to make an order under this section may be exercised—

(a)without investigating the detail of the application; or

(b)before an investigation has ended.

(3)If the adjudicator makes an order under subsection (1)(c), the adjudicator—

(a)may order costs against the applicant to compensate all or any of the following for loss resulting from the application—

(i)the respondent to the application;

(ii)the body corporate for the community titles scheme;

(iii)an affected person; and

Example of loss for paragraph (a)—

legal expenses reasonably incurred by the person in relation to the application

(b)in ordering the costs, may have regard to previous applications made by the applicant.

(4)The total amount of costs ordered under subsection (3) must not be more than $2000.

© Sourced from the Queensland Legislation website at 1 April 2020. For the latest information on Queensland Government legislation please go to https://www.legislation.qld.gov.au.

Disclaimer: Reproduced from the Body Corporate and Community Management Act 1997. This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

didn't find what you are looking for?

Try searching for It

Hello!

Drop us a message!