19 Aug 2010
BODY CORPORATE 172108 V MEADER AND ORS HC AK CIV 2009-404-6868
- Citation
- openlaw-475ed237_2ba9_4f6d_9a18_4a5b27104f2a.pdf
- Court
- High Court
The Court approved a s48 remedial scheme as set out in Schedule A but amended contested clauses: (a) cl 1.4 to include only levied pre-scheme investigation costs as Costs, (b) cl 10.3 retained but subject to scheme-specific apportionment rules, (c) cl 15.1 amended to indemnify the Body Corporate and its agents for acts within authority but exclude wilful misconduct, fraud and acts carried out with gross negligence, and (d) cl 21 amended so MSL's total liability is capped at 11.88% of total repair Costs subject to the qualification that any Costs not benefitting all other proprietors or the Bo…