BODY CORPORATE 183523 v NEW ZEALAND TAISHAN CHINESE ASSOCIATION [2018] NZHC 2460

BODY CORPORATE 183523 v NEW ZEALAND TAISHAN CHINESE ASSOCIATION [2018] NZHC 2460

The Court was satisfied the building suffered extensive weathertightness damage (meeting s 74 threshold), that a s 74 scheme was appropriate given broad owner support and the need to coordinate remediation, and that the proposed detailed scheme including the cost allocation method was fair and no more intrusive than necessary; accordingly the Court settled the scheme and permitted substitution of the 14th respondent under r 4.56.

Citation
[2018] NZHC 2460
Parties
First Applicant: Body Corporate 183523; Second Applicant: Ngai Hung Lee; First Respondent: New Zealand Taishan Chinese Association; 14th Respondent (struck Out): Auckland City Trustees Ltd; 14th Respondent (joined): Scooter Trustee Ltd
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 September 2018
Procedural Posture
Originating Application Under the Unit Titles Act 2010 to Settle a S 74 Scheme / Hearing and Judgment (application to Settle Scheme; Substitution of Party Under R 4.56)
Outcome
Application granted in part: scheme settled under s 74 Unit Titles Act 2010; substitution of 14th respondent ordered; no order as to costs
Legal Topics
Scheme Under S 74 Unit Titles Act 2010, Weathertightness Remedial Works, Cost Allocation Among Unit Owners, Substitution/striking Out Parties Under High Court Rules R 4.56
Property Law Unit Titles Construction Law Civil Procedure Scheme Under S 74 Unit Titles Act 2010 Weathertightness Remedial Works Cost Allocation Among Unit Owners Substitution/striking Out Parties Under High Court Rules R 4.56

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Body Corporate 183523

First Applicant

Ngai Hung Lee

Second Applicant

New Zealand Taishan Chinese Association

First Respondent

Auckland City Trustees Ltd

14th Respondent (struck Out)

Scooter Trustee Ltd

14th Respondent (joined)

Procedural Posture

Originating Application Under the Unit Titles Act 2010 to Settle a S 74 Scheme / Hearing and Judgment (application to Settle Scheme; Substitution of Party Under R 4.56)

Legal Issues

  1. 1 Whether the building has been damaged or destroyed for the purposes of s 74
  2. 2 Whether a s 74 scheme is appropriate in the circumstances
  3. 3 What terms and cost allocation the settled scheme should contain

Ratio Decidendi

The Court was satisfied the building suffered extensive weathertightness damage (meeting s 74 threshold), that a s 74 scheme was appropriate given broad owner support and the need to coordinate remediation, and that the proposed detailed scheme including the cost allocation method was fair and no more intrusive than necessary; accordingly the Court settled the scheme and permitted substitution of the 14th respondent under r 4.56.

Court Disposition

Application granted in part: scheme settled under s 74 Unit Titles Act 2010; substitution of 14th respondent ordered; no order as to costs

Orders

  • Scheme settled under s 74 of the Unit Titles Act 2010 on the terms in the Body Corporate's application
  • Auckland City Trustees Ltd (second-named 14th respondent) is struck out as a party to this application