14 Jan 2013
THOROGOOD ESTATES LTD v. THE INCORPORATED OWNERS OF ROBINSON HEIGHTS
- Citation
- THOROGOOD ESTATES LTD v. THE INCORPORATED OWNERS OF ROBINSON HEIGHTS
- Court
- Court of Appeal
- Case number
- CACV58/2012
The DMC, read purposively, requires the Management Budget to be divided under D5 so that management expenses attributable solely to the Garage are borne by Car Park Owners and those attributable solely to the Units (towers/flats) are borne by Owners of those Units; where expenses are not solely attributable, the fallback charging provisions (E1/E2) apply. Therefore it is not permissible to bypass identification of which parts of the works relate to Garage, Tower(s) and Building when determining contributions; the appeal is allowed and the preliminary issue is answered in the negative.