Manchester Securities Ltd v Body Corporate 172108

In 2011, the High Court approved a remediation scheme under the Unit Titles Act for a leaky apartment complex known as Hobson Apartments. Manchester Securities Limited, the owner of the top floor, was required to contribute to the cost of repairs to common property in the building. Two years later, the Body Corporate, representing the other unit owners, applied for a variation of the scheme on the grounds that a major cost blow out had rendered the scheme unjust. Fogarty J allowed the application and ordered Manchester to make a payment to the Body Corporate as a provisional sum. Both Manchester and the Body Corporate appealed. Manchester's appeal was dismissed and it was ordered to pay the Body Corporate's costs. The Body Corporate's appeal against the costs decision was also dismissed.