6 Jan 2011
HARVEST TOP DEVELOPMENT LTD v. THE INCORPORATED OWNERS OF HARBOUR VIEW GARDEN AND ANOTHER
- Citation
- HARVEST TOP DEVELOPMENT LTD v. THE INCORPORATED OWNERS OF HARBOUR VIEW GARDEN AND ANOTHER
- Court
- Lands Tribunal
- Case number
- LDBM145/2008
The Tribunal found no manifest error in the 2008 Management Budget and accepted the manager's 'actual use' apportionment as reasonable; Schedule 7(1)(3) BMO applies so where no draft budget was prepared for 2002–2006 the prior year's amount could be levied and no overpayment arose; the smart card security measure did not create a new route nor breach the DMC; prayer (a) sought relief beyond Schedule 6; accordingly the Applicant's claims failed and the application was dismissed with costs ordered in favour of the respondents.