Body Corporate No 164980 v Paul John Velich - SC 37/2005
Summary
Unit Titles Act 1972 - Whether a body corporate rule which replaces a default rule under the Act is ultra vires when it appreciably expands the existing powers and duties of the Body Corporate - What the proper test is for determining whether or not any particular rule is "incidental to existing powers or duties" - Whether the replacement rule in fact "appreciably" expanded the powers given to the Body Corporate under the existing default rule. CA 116/04 19 May 2005
Result
Notice of abandonment of application being lodged, the application is deemed to be dismissed. 15 July 2005
Additional Information