This is a case I have been working on for years now in various capacities and am now consulting on, so nice to see some positive results and a precedent set to protect BC owners!
There have been various entities controlling the old cinema units on Queen St over the years, and when Liquidation proceedings were brought against the last owner QSM, the company placed itself into voluntary liquidation and a receiver was also appointed. Since 13 August 2013 the receiver has remained in control of the units, and a variety of litigation continues to try and resolve a myriad of issues.
This Supreme Court decision will be significant for other owners/body corporates who may have receivers or mortgagees who remain in possession of Units, in some cases receiving an income from said units & enjoying the benefits of Body Corporate services, but failing to pay Body Corporate levies.
