29 Aug 2011
TISCH & ORS V BODY CORPORATE NO 318596 COA CA359/2010
- Citation
- COA CA359/2010
- Court
- Court of Appeal
The Court of Appeal upheld the High Court: s48 must be exercised with regard to the Act and body corporate rules; a court may not, as a general rule, make a scheme that requires owners to pay for other owners' private property (balconies) unless necessary and fair; the proposed scheme was an unwarranted departure from the Act and rules and was not fair and equitable, so the appeal is dismissed.
- Scheme under s48 unit titles act
- Leaky building remediation
- Apportionment of repair costs
- Interpretation of body corporate rules
- Court discretion and fairness