24 May 2012
ABCDE INVESTMENTS LIMITED V VAN GOG HC ROT CIV-2011-463-000292
- Citation
- openlaw-579395ee_a03b_4c79_8be7_2313da6ea17f.pdf
- Court
- High Court
The amended body corporate rules were invalid because adopted before the body corporate existed; the 20 December 2000 management agreement was ultra vires and not binding; however the encumbrance, read in its factual and contractual matrix together with the (invalidly adopted) amended rules and individual letting agreements, granted the building manager an exclusive letting right in respect of Units 1–22 which is enforceable against successors; the encumbrance is not invalid for lack of terms because documents can be read together to supply the commercial arrangement.