Couran Cove body corporate ordered to pay up after services turned off

A body corporate of an embattled Gold Coast island resort has been ordered to make payment to service providers after an ugly, long running dispute saw services such as power and sewerage turned off.

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A body corporate on an embattled Gold Coast island resort has been ordered to make payment to service providers.

Couran Cove Island Resort on South Stradbroke is the scene of an ugly and long running dispute between body corporates which has seen services such as electricity, gas, water and sewerage turned off.

The resort’s overarching Couran Cove Resort Community Body Corporate (CBC) is made up of six subsidiary members including Broadwater Villas body corporate, which it is currently suing.

Couran Cove Island Resort.

Last year the two parties and the service provider agreed to an interim arrangement allowing for the payment and provision of services to continue while litigation played out.

On Tuesday the Supreme Court in Brisbane heard Broadwater Villas had breached the court-ordered agreement and CBC applied for the court to enforce the order.

“The only conclusion that can be drawn is that the interim regime put in place by the consent order fell over or at least stalled because Broadwater Villas did not pay the sums it agreed to pay in the consent order,” Justice Paul Freeburn said.

“Broadwater Villas should pay what is due under the consent order, that is what it agreed to do and is what the court orders it should be doing.”

Justice Freeburn ordered Broadwater Villas to pay CBC or the service provider the outstanding funds.

Broadwater Villas barrister Peter Hastie KC said he had been instructed that his client was not in a position to make payment.

“Part of the problem obviously is my client’s lots are rented out, ordinarily rented out for an income stream for my client’s lot-holders. Obviously that hasn’t happened this year,” he said.

Justice Freeburn said Broadwater Villas could apply to the court to alter the payment dates.

The first payment is due next week.