In June 2010, the District Court heard a novel application for the amalgamation of the five Seaforth Bodies Corporate at Alexandra Headland into one Body Corporate.

McColm Matsinger Lawyers represented the applicant Bodies Corporate.

The Court was provided with two propositions for a new amalgamated CMS – one based upon a continuation of the status quo from the existing five schemes and another based upon the application of the Centrepoint Principles for the interest and contribution schedules.

The application was made by five existing Bodies Corporate after a small minority of the 242 Lot owners resisted the amalgamation.

The matter was litigated over a two year period with many Court appearances and applications to resist amalgamation.

The Court gave judgement in late August and made an order to amalgamate the Bodies Corporate. This process is now under way.

This was the first time that an Australian Court has dealt with such a contested application made on behalf of 242 lot owners.

The judgement provides direction to both the Body Corporate and the Legal Industry for such matters in the future.

MALCOLM McCOLM

McCOLM MATSINGER LAWYERS