17 Feb 2021
The court held that a mortgagee cannot exercise voting rights beyond those exercisable by the mortgagor; because Ms Warin was ineligible to vote due to unpaid levies, TSB could not validly register or exercise her votes and therefore the resolutions of 30 January 2020 and 18 March 2020 purporting to remove, replace or appoint committee members were invalid.
12 Apr 2017
High Court allowed the appeal in part: it held there was no evidential basis to sustain the Tribunal's factual finding that the delegation was passed as a special resolution and remitted that issue to the Tenancy Tribunal; it held s138 authorises a body corporate to engage in repairs and necessary preparatory work for building elements serving more than one unit and that s118 can permit a contingency fund to finance remediation, but that a contingency fund must be deliberately established in accordance with statutory/regulatory decision-making requirements (mere ledger coding is insufficient)…