BODY CORPORATE 204299 v WHYTE AND OTHERS [2016] NZHC 2083

BODY CORPORATE 204299 v WHYTE AND OTHERS [2016] NZHC 2083

The court refused to approve the applicants' initial scheme because treating the 20 common property walls as unit property was an unjustified departure from the Act; the agreed scheme treats those walls as common property and allocates their repair costs across all units using utility interests, thereby satisfying s...

Source-derived case information.

Citation
[2016] NZHC 2083
Parties
First Applicant: BODY CORPORATE 204299; Second Applicant: IAN WALTER SAYER; Second Applicant: DORIS SAYER; First and Subsequent Respondents: JEREMY KANE WHYTE AND OTHERS
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 September 2016
Procedural Posture
Application Under Unit Titles Act 2010 S 74 to Settle a Scheme of Repair / Judgment on the Papers Settling the Scheme
Outcome
Order settling the scheme for reinstatement of the buildings in Body Corporate No. 204299 pursuant to s 74 of the Unit Titles Act 2010, as set out in Schedule One to the judgment
Legal Topics
Section 74 Unit Titles Act 2010, Scheme of Repair, Common Property Versus Unit Property, Allocation of Repair Costs, Court Approval of Statutory Schemes
Property Law Statutory Scheme Approval Civil Procedure Section 74 Unit Titles Act 2010 Scheme of Repair Common Property Versus Unit Property Allocation of Repair Costs Court Approval of Statutory Schemes

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Summary, issues, holding and outcome

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Parties

BODY CORPORATE 204299

First Applicant

IAN WALTER SAYER

Second Applicant

DORIS SAYER

Second Applicant

JEREMY KANE WHYTE AND OTHERS

First and Subsequent Respondents

Procedural Posture

Application Under Unit Titles Act 2010 S 74 to Settle a Scheme of Repair / Judgment on the Papers Settling the Scheme

Legal Issues

  1. 1 Whether the proposed scheme complies with s 74 of the Unit Titles Act 2010
  2. 2 Whether treating 20 common property walls as unit property was a permissible departure from the Act and rules
  3. 3 Whether allocation of repair costs across units using utility interests satisfies fairness required by s 74

Ratio Decidendi

The court refused to approve the applicants' initial scheme because treating the 20 common property walls as unit property was an unjustified departure from the Act; the agreed scheme treats those walls as common property and allocates their repair costs across all units using utility interests, thereby satisfying s 74 and warranting court approval.

Court Disposition

Order settling the scheme for reinstatement of the buildings in Body Corporate No. 204299 pursuant to s 74 of the Unit Titles Act 2010, as set out in Schedule One to the judgment

Orders

  • Order settling and approving the agreed scheme for reinstatement pursuant to s 74 Unit Titles Act 2010, as set out in Schedule One to this judgment
  • No further order as to costs (parties have resolved costs between them)