Body Corporate San Miguel Community Titles Sceme 12076 v Wilcox & Ors [2009] QDC 400

Body Corporate Community Title Schemes- Where plaintiff Body Corporate abridged time for holding general meeting to accept quote for urgent repairs to common property; where defendants allege that the abridgment was not fair and reasonable; where defendants fully pursued rights to challenge the decision under the Body Corporate and Community Management Act 1997 including an appeal to the District Court which was not pursued; whether decisions of Adjudicators under the Act with dismissal of appeal gives rise to an issue estoppel and/or res judicata; where defendants are not legally represented at trial but were so for appeal and filing of defence; whether meeting was lawfully held and special levy imposed for repairs valid.

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