Body Corporate for Westmark Milton CTS v Devine Constructions Pty Ltd

[2026] QSC 9

Supreme Court of Queensland

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Interrogate

Catchwords

1. Real Property
2. › Strata and related titles
3. › Management and control
4. › Body corporate: powers, duties and liabilities
5. › Right to sue in own name
6. › Whether body corporate subrogated to rights of original owner may sue in own name or must sue in name of original owner
7. › Body Corporate and Community Management Act 1997 (Qld), s 36(3)
1. Statutes
2. › Interpretation
3. › Words and phrases with technical legal meanings
4. › Presumption that technical legal meaning intended
5. › Whether contrary intention appears from legislative context
6. › Whether 'subrogated' in s 36(3) bears its technical equitable meaning or ordinary meaning of substitution or transfer
7. › Acts Interpretation Act 1954 (Qld), ss 14A, 14B

Quick Take

Under section 36(3) of the Body Corporate and Community Management Act 1997 (Qld), a body corporate is entitled to bring proceedings in its own name with respect to the contractual rights of the original owner relating to common property, without joining the original owner as a party.

Case Details

Citation[2026] QSC 9

CourtQSC

JurisdictionQueensland

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Relies on22

2024Body Corporate for the Johnson CTS 49098 v Maxcon Constructions Pty LtdQSC 65
2023ACN 002 402 146 Pty Ltd (manager appointed) (in liq) (formerly known as Tome Bros Pty Ltd) v Ken Crossman & Co Pty LtdFCAFC 35
2018WorkPac Pty Ltd v SkeneFCAFC 131
2018Lowbeer v De VardaFCAFC 115
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