Think Nicholsons

Mar 08

Body Corporate Tips - Interim Orders

That which we call a rose by any other name would smell as sweet – William Shakespeare.

In The Peninsula Airlie Beach [2019] QBCCMCmr 122, an Owner made an application for an interim order requiring the Body Corporate to engage a contractor to strip plasterboard from their lot and to dry and treat the lot for mould – works (cutely) defined in the application as the “Interim Works”.

An application for an interim order is akin to an application for an injunction. An interim order seeks to maintain the status quo, or preserve the rights and interests of the parties, until a final order is made.

The Body Corporate opposed the application, primarily, on the basis that it, in fact, sought a final order.

The Adjudicator, in dismissing the application, relevantly said that:

“I agree with the body corporate; the interim order application seeks final relief; it does not seek to preserve the status quo, contrary to the applicant’s submission to that effect. It seeks to have the body corporate arrange and pay for building works in circumstances where the responsibility for any water ingress and any consequential damage is yet to be determined and are substantive issues in dispute in the application for final orders.”

Before making such an application, it is important to consider whether the relief being sought can be given by way of an interim order.

As always, we hope you never need to make such an application. However, if you want to talk to someone about that, or any other strata law issue, please telephone Bronwyn Ablett on (07) 3226 3938.

Bronwyn Ablett

Senior Associate
Bronwyn has experience in the litigation and resolution of disputes predominantly in the Supreme and District Courts and also in the Magistrates Court . Those disputes have included complex commercial disputes, including proceedings against the State.