The requirement in the BCCM Act for a resolution without dissent to transfer the benefit of common property, evidences the strong protections granted to property rights in the BCCM Act.
By way of contrast, there is no similar obligation on lot owners to act reasonably when voting on a motion--which may also only be approved by the passage of a resolution without dissent--to terminate a scheme under s 78(1) of the BCCM Act.
While ss 276(1) and 78(2) of the BCCM Act are not identically worded, the immediate similarity--the requirement for an order to be made that is just and equitable highlights the potential capacity for Albrecht v Ainsworth & Ors (13) to provide guidance in interpreting s 78(2) of the BCCM Act.
The High Court resolved that the dispute was not one that fell under s 276(1)(a) of the BCCM Act.
Their Honours must also have regard to the potentially competing views of the additional stakeholders in s 78(6) of the BCCM Act in determining what is just and equitable in the circumstances.
The Adjudicator determined, after having regard to ss 94(2), 276(1)(a) and Item 10 of Sch 5 of the BCCM Act, that her task was to decide whether the body corporate had acted unreasonably and, therefore, contravened the BCCM Act in failing to pass the motion at the general meeting.
Immunohistochemical Analysis of bSCC and BCCm Cases
(12) The sensitivity, specificity, positive predictive value, and negative predictive value of each immunohistochemical stain for bSCC and BCCm are summarized in Tables 2 and 3, respectively.
Overlapping morphologic features of bSCC can be seen in BCCm. The classification and nomenclature of these tumors in the literature has been controversial.
(28) However, a small percentage of tumors are not stained by BerEp4, and its utility in the identification of BCCm is limited because squamous areas fail to stain with the marker.
(34) Although this marker has not previously been studied in BCCm, to our knowledge, there have been somewhat conflicting reports of CK14 staining of BCC, with strong, diffuse positivity reported in subtypes, including nodular, (10) micronodular, superficial, sclerosing, and infundibulocystic (34) in some series, and a staining pattern of predominantly inner and outer cell nests in superficial and nodular types (35) in other series.
's "stable" reflects that on the parent, the agency said.