20 Dec 2012
BODY CORPORATE 366611 V WU COA CA402/2011
- Citation
- COA CA402/2011
- Court
- Court of Appeal
Court of Appeal held that the Body Corporate and Theta were liable in private nuisance for unlawful denial of access that unreasonably interfered with the respondent's proprietary right to use and enjoy his unit; rule 3.10 in its original form permitted reasonable restrictions on access to common property and controls over occupiers but did not authorize excluding an owner from his own unit; Theta acted as the Body Corporate's agent; the High Court damages award was set aside and all questions of quantum were remitted to the High Court for reassessment in light of the correct legal analysis.