3 Mar 2008
BODY CORPORATE NO. 85403 AND ORS V MAGILL AND ORS HC TAU CIV 2006-470-1065
- Citation
- openlaw-5ca88133_83bb_40c0_86d1_7407ff83bbbe.pdf
- Court
- High Court
The resolution dated 26 August 2006 is inequitable and is set aside to the extent it authorises the body corporate to fund litigation brought by individual unit owners for their personal unit claims; while the body corporate may fund litigation to recover damage to common property, it cannot legitimately fund owners' separate personal claims, and the Court exercises its discretion to grant relief under s43 accordingly.