6 Dec 2007
YOUNG & ANOTHER AND ORS V BODY CORPORATE NO. 120066 AND ORS HC AK CIV 2007-404-002375
- Citation
- openlaw-77b3b262_7fbc_44b4_b1e9_ea6395351207.pdf
- Court
- High Court
Rule 2(d) is within the Body Corporate's powers and is incidental to its statutory duties under the Unit Titles Act 1972; the proposed window and deck replacement constitutes repair and maintenance justified by multiple expert reports; the Cowley Group failed to establish a seriously arguable case of ultra vires or of inequity under s43; balance of convenience favoured permitting immediate remedial work given cost escalation, insurance risks and risk of further damage; interim injunction dismissed.