21 Dec 2012
HARRY ROY LAW AND SUK CHING LIAUW AND OTHERS v TAN CORPORATE TRUSTEE LIMITED AND OTHERS COA CA456/2012
- Citation
- COA CA456/2012
- Court
- Court of Appeal
BC rules 2.1(e) and 2.2(g) are ultra vires the Unit Titles Act 1972 because they either improperly confine proprietors' repair obligations or purport to displace the statutory levy regime; consequence of invalidating r 2.1(e) is that default rule 1(e) applies; orders under s 37(12) were inappropriate given practical necessity for a comprehensive coordinated repair; the Court properly exercised its discretion under s 48 to approve a scheme that apportions repair costs across unit owners by unit area as the fair and practical solution in the circumstances.