12 Oct 2012
BODY CORPORATE 198245 V Y WONG HC AK CIV-2010-404-007992
- Citation
- openlaw-d0a9ed55_2f62_42ba_92d1_fa217088b916.pdf
- Court
- High Court
The levies based on the FWC were intra vires the s48 Scheme; the s48 Scheme governs apportionment and displaces any inconsistent application of s33 or rr 3.8/38 in this context; the FWC resulted from the Scheme's authorised process and was robust and not susceptible to line-by-line upset by missing invoices or arithmetical errors; consultancy fees apportioned on unit entitlement were a valid exercise of the Body Corporate's powers under the Scheme; and the liquidator must admit the Body Corporate's claim for unpaid levies against CIL.