19 Jul 2012
BODY CORPORATE 173457 V DESPY HC AK CIV-2010-044-999
- Citation
- openlaw-7e7776f2_6061_4ffa_8190_77b670062bcf.pdf
- Court
- High Court
Leave to bring summary judgment was granted on liability only because the approved s 48 Scheme and its wide agent and levy powers authorised the committee to raise and recover the special levy and related costs, the defendants failed to establish an arguable equitable set-off or a defence based on breach, and while the defendants are indebted the quantum is not sufficiently established due to accounting inconsistencies requiring further material; interest on reasonable borrowings to bridge cashflow is recoverable under s16 powers.