19 Oct 2010
FANINGTON CO LTD AND OTHERS v. UNITE PATRON LTD AND OTHERS
- Citation
- FANINGTON CO LTD AND OTHERS v. UNITE PATRON LTD AND OTHERS
- Court
- Lands Tribunal
- Case number
- LDMP2/2010
The DMC's Part 3 and Part 4 confer management powers to incur and recover legal costs and expressly include legal fees as management expenses; therefore the taxed costs awarded to the Applicants are management expenses to be apportioned according to management shares under the DMC (s.39 BMO), the Tribunal will exercise its s.17(1)(b) discretion to grant leave to issue execution against all owners (excluding 2nd and 4th Applicants from apportionment as successful parties), and owners who have paid may be pursued internally for contribution but may be required to contribute to the judgment by l…