Body Corporate for the Lakes-Cairns CTS 28090 v Sunshine Group Australia Pty Ltd [2023] QCAT 39

Date: 1 February 2023
Tribunal: Queensland Civil and Administrative Tribunal
Member: Member Roney KC
Human Rights Act 2019 (Qld) Sections: 48
Rights Considered: N/A
Other Legislation: Body Corporate and Community Management Act 1991(Qld) ss 15, 149B, 227, 229, sch 6; Body Corporate and Community Management (Accommodation Module) Regulation 1997 (Qld) s 76; Body Corporate and Community Management (Accommodation Module) Regulation 2008 (Qld) s 114; Body Corporate and Community Management (Accommodation Module) Regulation 2020 (Qld) s 127; Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 9, 52, 64; Queensland Civil and Administrative Tribunal Rules 2009 (Qld), r 48.
Keywords: Commercial

The applicant was the principal body corporate for a layered community title scheme comprised of 18 subsidiary body corporates. The respondent was a service contractor under the Body Corporate and Community Management Act 1999 (Qld). A dispute arose regarding the terms of the relevant caretaking agreement. Although no specific human rights were mentioned by the Tribunal or the parties, the Tribunal noted that its interpretation of relevant statutory provisions had to be consistent with human rights pursuant to s 48 of the Human Rights Act 2019 (Qld).

Visit the judgment: Body Corporate for the Lakes-Cairns CTS 28090 v Sunshine Group Australia Pty Ltd [2023] QCAT 39