25 Aug 2011
THE INCORPORATED OWNERS OF ONE BEACON HILL v. MATCH POWER INVESTMENT LTD
- Citation
- THE INCORPORATED OWNERS OF ONE BEACON HILL v. MATCH POWER INVESTMENT LTD
- Court
- Court of First Instance
- Case number
- HCA2562/2009
BMO s16 must be construed to allow an incorporated owners corporation to sue to enforce contractual rights relating to the common parts, including rights originally held by some owners, and such rights and liabilities (including pre-incorporation ones) vest in the corporation; BMO s18(2)(g) is to be read liberally as ancillary to s16; jurisdictional and factual issues on whether defects affect common parts are for trial.