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Unfortunately, it's about what's legal rather than fair, and the two are often entirely different things, as anybody with any experience of the legal system will be well aware. Now that I've looked into it a bit and read the decision, it seems to me that quantity surveyors have adopted an...

Sounds fair enough to me... the penthouse owners are still paying more than those with smaller units, but it sounds like now it's somewhat in proportion, whereas before the penthouse owners were paying substantially more than their fair share. (At least in the example given.)