Propriet Ors. Strata Plan No. 67 v HMC Holdings Ltd. 2) HMC Holdings Ltd. v The Propriet Ors. Strata Plan No. 67 (CL-AP 5 of 2022; CL-AP 7 of 2022) [2023] TCACA 8 (24 March 2023)

Jurisdiction: Turks and Caicos Islands
Citation: Propriet Ors. Strata Plan No. 67 v HMC Holdings Ltd. 2) HMC Holdings Ltd. v The Propriet Ors. Strata Plan No. 67 (CL-AP 5 of 2022; CL-AP 7 of 2022) [2023] TCACA 8 (24 March 2023)
Media Neutral Citation: [2023] TCACA 8
Court: Court of Appeal of Turks and Caicos Islands
Case number: CL-AP 5 of 2022 ; CL-AP 7 of 2022
Attorneys: Ariel Misick QC,
Judges: Adderley, JA, John, JA, Winder, JA
Judgment date: 24 March 2023
Language: English
Type: Judgment
Download: Download PDF (1.2 MB)

Case summary: The Sources of the Leak Issue (Issue 1) is dismissed [30]. On the Assessment Issue (Issue 2), we order the payment by The Strata Corporation to HMC of $74,313.93 in special damages [35]. On the Amenity Issue (Issue 3), in our judgment HMC could not claim loss of amenity and even if it could, on the authorities provided, the correct procedure for assessment was not applied [51]. We allow the appeal in relation to the Interest Issue (Issue 4) [63]. We allow the appeal in relation to the Illegality Issue (Issue 5), and find that damages for loss of rent ought not to have been disallowed. Accordingly, we restore the order for payment of that item of special damages in the sum of $25,000 [84]. We dismiss the appeal on The Windows Issue (Issue 6) [110]. On the Costs Issue (Issue 7) we exercise our discretion to award 75% of the Costs to the Strata Corporation [112].

Loading PDF...

This document is 1.2 MB. Do you want to load it?

▲ To the top