29 Nov 2001
The Incorporated Owners of Finance Building v. Bright Hill Management Consultants Co. Ltd.
- Citation
- The Incorporated Owners of Finance Building v. Bright Hill Management Consultants Co. Ltd.
- Court
- Court of Appeal
- Case number
- CACV386/2000
The Court of Appeal held that the Presiding Officer erred in dismissing Bright Hill's counterclaim: disputes over contributions, interpretation and enforcement of the DMC and charges registered pursuant thereto fall within the Lands Tribunal's jurisdiction under the Tenth Schedule and the Tribunal has power to declare and order vacatur of charges wrongly registered as part of enforcement of the DMC; section 45(3) does not, in the context, bar the Tribunal from vacating charges that lack a valid basis. The counterclaim must be remitted to the Lands Tribunal for full hearing before a different…