17 May 2017
The Court was satisfied that the Body Corporate had properly identified the persons with interests under s74(5) and s74(6) and accordingly granted the orders directing service on those identified parties and requiring the Registrar notification as sought.
25 Jun 2012
The review judge held that the formal proof on which the default judgment as to quantum rested did not contain adequate evidentiary analysis of causative potency or just and equitable apportionment under s 17: the Alvey report (prepared for plaintiffs) did not determine apportionment between concurrent tortfeasors and could not support ordering Saltmarsh to indemnify van Loghem for the full settlement; accordingly there had been or may have been a miscarriage of justice as to quantum and that aspect of Andrews J's judgment was set aside while the liability finding remained.
3 Mar 2008
The resolution of 26 August 2006 was inequitable to the extent it authorised the body corporate to fund and levy for individual unit owners' personal claims; the body corporate may properly levy members to fund litigation to recover losses to common property, but it cannot legitimately use body corporate resources to meet liabilities that are the personal claims of individual owners, and that part of the resolution is set aside under s43.