5 Nov 2004
SPEEDY GAINER LTD v. THE INCORPORATED OWNERS OF MALAHON APARTMENTS AND ANOTHER
- Citation
- SPEEDY GAINER LTD v. THE INCORPORATED OWNERS OF MALAHON APARTMENTS AND ANOTHER
- Court
- Lands Tribunal
- Case number
- LDBM248/2004
The application is dismissed because the Applicant failed to demonstrate a proper demand for inspection: prior requests were made in the name of Cogi without disclosure that Cogi acted as agent for the Applicant, and the Notice of Application could not be treated as an independent demand after the parties agreed to a without‑prejudice inspection; additionally, on the substantive point the Tribunal found the 2nd Respondent to be the manager within s.34D and subject to the 7th Schedule duties, but the Applicant's failure to disclose agency and proper demand was dispositive.