Carl Clappison and Sea Grape Escape Ltd v Proprietors Strata Plan 381, Thompson Resorts Ltd, Castaways Timeshare Ltd - Judgment
Statutory Interpretation; Strata Titles Registration Law 1973, s.15(2)(a); Strata Titles Registration Law (2013 Revision) s.3(2A)and s.21(2)(a); Amendment of By-laws by Developer whilst 100% owner of units in Strata Plan according special rights to itself, affecting voting rights of other proprietors and composition of Executive Committee; Whether ultra vires; Need to Construe Statutory Provisions in their Context; Court to have regard to purpose both of Statute and particular provision. Ultra vires amendment of strata by-laws; Voting rights and executive committee composition; Application for appointment of administrator under section 9 of the Strata Titles Registration Law
| Cause Number | G 0413/2013 |
|---|---|
| Court | CIGC (Civ) |
| Judge | Mangatal J |
| Parties | Carl Clappison and Sea Grape Escape Ltd v Proprietors Strata Plan 381, Thompson Resorts Ltd, Castaways Timeshare Ltd - Judgment |
| Judgment Date | 2016-05-17 |
| Subject | Statutory Interpretation; Strata Titles Registration Law 1973, s.15(2)(a); Strata Titles Registration Law (2013 Revision) s.3(2A)and s.21(2)(a); Amendment of By-laws by Developer whilst 100% owner of units in Strata Plan according special rights to itself, affecting voting rights of other proprietors and composition of Executive Committee; Whether ultra vires; Need to Construe Statutory Provisions in their Context; Court to have regard to purpose both of Statute and particular provision. Ultra vires amendment of strata by-laws; Voting rights and executive committee composition; Application for appointment of administrator under section 9 of the Strata Titles Registration Law |
| Filename (current) | 16-05-17_clappison_and_sea_grape_escape_ltd_v_proprietors_strata_plan_381_thompson_resorts_ltd_castaways_timeshare_ltd.pdf |
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