22 Dec 2010
BODY CORPORATE 212133 V ROSEBANK ROAD MEDICAL SERVICES LIMITED HC AK CIV-2010-404-4370
- Citation
- openlaw-c66a3465_e986_4cbc_bd50_3c75229fea30.pdf
- Court
- High Court
Rosebank failed to establish a genuine and substantial dispute as to the debt (District Court judgments final and binding); the general meeting resolution validly authorised levies and authorised the secretary to take recovery steps; there is no evidence Strata lacks authority or will misapply funds and Strata remains secretary until validly removed in accordance with the rules; accordingly restraint/stay under r31.11 and interlocutory relief were not justified except for payment out of monies paid into court.