16 Aug 2011
MELVIEW VIADUCT HARBOUR LIMITED (IN RECEIVERSHIP) AND LIGHTER QUAY HOTEL MANAGEMENT LIMITED (IN RECEIVERSHIP AND LIQUIDATION) V BODY CORPORATE 384911 HC AK CIV-2011-404-3240
- Citation
- openlaw-60ae68e2_50ac_44af_99ed_5746c862df35.pdf
- Court
- High Court
Although some decisions and conduct involving the Wilkinson entities and Beswick gave rise to minor impropriety, the Court was not satisfied that 'cause' had been shown to appoint an administrator under s40 UTA; the Body Corporate was acting by majority rule within the statutory and rule framework, the appointment of an administrator would not resolve the underlying commercial dispute or be empowered to override the will of the majority, and statutory remedies (notably s43) remain available to the applicants; accordingly the application was dismissed.