3 Mar 2008
BODY CORPORATE NO. 85403 AND ORS V MAGILL AND ORS HC TAU CIV 2006 - 470 - 1065
- Citation
- openlaw-97fa9c1f_802e_4d16_9f13_85821022ee32.pdf
- Court
- High Court
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.