Holding and Management Ltd v Property Holding and Investment Trust plc and others
Holding and Management Ltd v Property Holding and Investment Trust plc and others
- 1990
- All England Law Reports (1990) 1 All ER 938-948(11) .
CA 27 July 1989 Appeal by plaintiff (H) from a High Court decision, dismissing its application, as maintenance trustee , for payment out of a maintenance fund provided by the second to eighty-first defendants (tenants), who were the leasehold owners of a block of flats which H managed on the behalf of the first defendant Property Holding (P) (landlord), of its costs of an originating summons brought by H to determine a number of issues relating to a proposed scheme for remedying defects to the external brick skin to the building. This was known as the "McHallam Scheme A" and it involved the complete replacement of the brick skin. Tenants cross-appealed for an order varying the judge`s order that certain costs incurred by H be paid out of the maintenance fund and for an order that their costs of the originating summons be paid by H. On rejection of the scheme by the tenants the High Court held that H`s expenditure on the consultants` fees in relation to the scheme were irrecoverable a
CASE LAW
CA 27 July 1989 Appeal by plaintiff (H) from a High Court decision, dismissing its application, as maintenance trustee , for payment out of a maintenance fund provided by the second to eighty-first defendants (tenants), who were the leasehold owners of a block of flats which H managed on the behalf of the first defendant Property Holding (P) (landlord), of its costs of an originating summons brought by H to determine a number of issues relating to a proposed scheme for remedying defects to the external brick skin to the building. This was known as the "McHallam Scheme A" and it involved the complete replacement of the brick skin. Tenants cross-appealed for an order varying the judge`s order that certain costs incurred by H be paid out of the maintenance fund and for an order that their costs of the originating summons be paid by H. On rejection of the scheme by the tenants the High Court held that H`s expenditure on the consultants` fees in relation to the scheme were irrecoverable a
CASE LAW