Crowbay Pty Ltd v Body Corporate for “Southbank Chambers”
[2007] QCA 453
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Crowbay Pty Ltd v Body Corporate for “Southbank Chambers” [2007] QCA 453
JUDGE(S):
McMurdo P, Holmes JA, Jones J
DELIVERED ON:
21 December 2007
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Editorial Notes
Published Case Name:
Crowbay P/L & Anor v Body Corporate for “Southbank Chambers”
Shortened Case Name:
Crowbay Pty Ltd v Body Corporate for “Southbank Chambers”
MNC:
[2007] QCA 453
Court:
QCA
Judge(s):
McMurdo P, Holmes JA, Jones J
Date:
21 Dec 2007
White Star Case:
Yes
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2007] QDC 62
13 Apr 2007
Appeal from adjudicator's decision under Body Corporate and Community Management Act; whether the adjudicator had erred by concluding that a difference between community management statements for the purposes of s 60(6)(a) required an actual inconsistency, as opposed to a difference which could give rise to a relevant issue of inconsistency; appeal dismissed with costs: Ryrie DCJ.
Appeal Determined (QCA)
[2007] QCA 453
21 Dec 2007
Leave to appeal dismissed with costs; dispute over the use of common property in a CTS; still possible that other parts of the new statement might raise an issue of inconsistency meeting one of the s 60(4) Body Corporate and Community Management Act descriptions: McMurdo P, Holmes JA and Jones J.
Appeal Status
Appeal Determined (QCA)
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