Bay Village Noosa appeals decision to not terminate Breeze MR management contract

The body corporate for a ritzy Noosa shopping complex has won a court battle for the right to sack their management over claims of misconduct and “gross negligence”.

Bay Village. Hastings Street.Noosa Heads. Photo Geoff Potter / Noosa News

The body corporate for a major Noosa business complex has successfully appealed a court decision to sack its former centre management team after allegations they misappropriated at least $644,000 worth of parking fees.

Supreme Court documents state the body corporate for Bay Village Noosa tried to terminate its 25-year contract with their former management company, Breeze MR Pty Ltd, but a court ruling in September 2021 ruled this was unfair.

Court documents state the termination attempt came after Breeze MR Pty Ltd failed to appropriately respond to a remedial action notice, alleging “gross negligence” and misappropriating at least $644,000 worth of parking fees.

The documents state the body corporate claimed access to their two-level car park was sold to third parties for financial gain. The body corporate claimed much of the $644,000 loss was from unidentified exit tickets.

The director of Breeze MR denied any wrongdoing and said the boom gates often fail and to allow cars out from the carpark he has had to issue extra exit tickets to trigger the raising of the boom gates, the documents state.

Bay Village in Noosa.

The Bay Village website states parking at the centre is free for up to 30 minutes, but costs $8 for up to one hour and $36 for up to seven hours. Parking for up to 24 hours costs $40.

After Judge Martin Daubney ordered the body corporate’s attempt to sack Breeze MR Pty Ltd was “of no force and effect”, according to court documents, the body corporate appealed the decision on May 5.

It claimed in court documents Judge Daubney should not have declared the contract could not be terminated under the Body Corporate and Community Management Act.

The documents state the contract was at one point financed by Westpac but the bank withdrew from this in July 2022. If the contract was still financed, the documents state, it could not be terminated.

A regulation under the Act also allowed the body corporate to terminate the contract given the nature of the allegations, the documents state.

Justice John Bond ordered the appeal be allowed, but Justice David Boddice argued it should be dismissed. Justice Elizabeth Wilson agreed with Justice Bond, and the appeal was allowed.

The Body Corporate for the Bay Village declined to comment.

The legal team representing Breeze MR Pty Ltd have been approached for comment.