29 Aug 2018
Applying Tisch, the Court was satisfied the property was damaged/non-compliant, the proposed detailed and unanimously supported scheme was appropriate to achieve consistent remediation and funding, and accordingly made an order settling the scheme under s74 in terms of the application.
13 Jun 2018
Although the appellant had arguable and arguably arbitrable set-off claims, the Court of Appeal upheld the High Court's order that the judgment sum and ordinary levies were due and payable immediately; the court exercised its residual discretion under s 290(4) to refuse to set aside the statutory demand because (a) the judgment required interim immediate payment subject to later adjustment, (b) levies and remediation scheme provisions operate on a pay-now-argue-later basis, and (c) the appellant's conduct and evidential deficiencies made refusal of relief appropriate.
8 Aug 2017
The Court was satisfied on expert evidence that the development suffered widespread moisture ingress causing decay, that a single coordinated remediation scheme addressing both private and common property (including passive fire issues) was appropriate, and that the proposed terms including a differential levy formula were necessary and achieved the fairest outcome to unit holders; accordingly the Court ordered the remediation scheme settled under s74 and permitted substituted service under r4.56.