1 Dec 2010
JEWETT INVESTMENTS LTD V BODY CORPORATE 204096 HC AK CIV-2010-404-4236
- Citation
- openlaw-b4b7c3a1_bfb7_4cb1_8bce_45f8002d2a20.pdf
- Court
- High Court
The application was dismissed because Jewett, not being party to the Conduct and Distribution Agreement, could not enforce its terms; the settlement monies were held on trust for participating proprietors and therefore were not a Body Corporate fund under s 15(2); and s 15(2) does not obligate the Body Corporate to expend existing funds before levying additional contributions when a levy is reasonably necessary.