2 Jul 2010
BODY CORPORATE 159626 V MIN HOLDINGS LTD HC AK CIV 2009-404-002852
- Citation
- openlaw-c8148b1f_2424_49a9_a25b_84e48a4d889b.pdf
- Court
- High Court
The proviso to rule 39 must be read against the operative unit plan bearing the plan number in the proviso; after redevelopment there is no Unit A on UP159626 and therefore the proviso does not exempt the defendant (owner of Unit B) from lift and lobby levies. Judgment awarded to plaintiff for $71,273.48. Separately, rule 1(o) imposes substantial new powers and restrictions affecting use and transfer of units and is not merely incidental Schedule 3 material; it therefore required unanimous adoption under s37(3) and also infringes s37(6), so rule 1(o) is ultra vires and invalid; severance is n…