10 Aug 2010
J & V LTD v. ISS EASTPOINT PROPERTY MANAGEMENT LTD AND ANOTHER
- Citation
- J & V LTD v. ISS EASTPOINT PROPERTY MANAGEMENT LTD AND ANOTHER
- Court
- Lands Tribunal
- Case number
- LDBM242/2009
The DMC did not authorise raising a lump-sum Litigation Fund for unexpected litigation under Clause D(1)(d); such expenditure falls within a contingency fund authorised by BMO s20(2) and apportioned by owners' undivided shares under s22(2), so the corporation validly raised the Fund and the Applicant was liable to contribute. However Clause F(4) only permits registration of a charge for sums due under the DMC (MF and AC); the registered Charge related only to the Litigation Fund (not sums specified under the DMC) and therefore was not chargeable under Clause F(4) and must be vacated. The Appl…