8 Aug 2012
BODY CORPORATE 396711 & OR V SENTINEL MANAGEMENT LIMITED HC AK CIV 2010-404-007754
- Citation
- openlaw-841ee9fc_7af1_406b_99b9_c0cadeba3e07.pdf
- Court
- High Court
Court held (1) the amended Body Corporate rules were validly adopted by unanimous assent where applicable; (2) specific amended rules and corresponding management agreement clauses granting exclusive on-site letting, real estate sale and 'Sentinel residents' services and certain concierge exclusivities were ultra vires the UTA 1972 and those clauses were void; (3) void provisions were severable and the remainder of the management agreement remained capable of operation; (4) there was no proven breach of vendor duties nor dishonest assistance by SML on that basis; (5) the developer (TVL) occup…