19 May 2005
VELICH V BODY CORPORATE NO. 164980 CA CA116/04
- Citation
- openlaw-46bfa57c_29c0_4b09_93fe_fa7f98d73915.pdf
- Court
- Court of Appeal
Rule 2.1(f) is ultra vires because it appreciably expands the body corporate's powers beyond those incidental to powers conferred by the Unit Titles Act and risks modifying rights implied or created by the Act; consequently the summary judgment and permanent injunction based on that rule could not stand and the appeal must be allowed.