12 Jul 2010
BODY CORPORATE NO 183059 V SOKOL LTD AND ORS HC AK CIV-2010-404-000140
- Citation
- openlaw-f5befd7b_5b76_43a3_a37f_490a6bc3c8a1.pdf
- Court
- High Court
A s48 repair scheme was necessary and properly approved now because specific design-dependent boundary alterations are speculative until experts prepare plans; indemnity language is permissible if modified to remove several liability and to exclude gross negligence rather than 'wilful misconduct'; and backdating is permissible where prior acts comply with the approved scheme; accordingly the proposed scheme (with the indemnity amendment) is approved.