12 Jan 2001
THE INCORPORATED OWNERS OF KIMBERLEY HOUSE v. PEACE BOOK CO. LTD.
- Citation
- THE INCORPORATED OWNERS OF KIMBERLEY HOUSE v. PEACE BOOK CO. LTD.
- Court
- Court of First Instance
- Case number
- HCA19452/1999
The court held the retaining wall constituted a common part (by reference to the BMO definitions and the DMC), and because the DMC provided for fixing contributions to management costs by clause 4(h), the costs of remedial work must be apportioned by the management fees method under the DMC rather than by undivided shares under s22(2) BMO; judgment was given for the defendant on the preliminary issue.