BODY CORPORATE 68792 & ORS v MEMELINK AND HAMILTON & ORS [2015] NZHC 1335 [12 June 2015]

BODY CORPORATE 68792 & ORS v MEMELINK AND HAMILTON & ORS [2015] NZHC 1335 [12 June 2015]

The Court directed a timetable and listed the hearing for 17 July 2015, declined to order appointment of a forensic accountant at this time due to cost and non‑binding nature concerns, and authorised the interim administrator to accept a quote from Thistle Roofing Contractors for urgent guttering work if acceptable,...

Source-derived case information.

Citation
[2015] NZHC 1335
Parties
First Applicant: BODY CORPORATE 68792; Second Applicant: SYNERGY ENTERPRISES LIMITED; Second Applicant: JAMES AND CAROLINE MCKERNAN; Second Applicant: STEVEN AND VALDA SCHECKTER; Second Applicant: GEOFFREY ARDEN; First Respondent: HARRY MEMELINK; First Respondent: IANTREVOR NEILL HAMILTON; Second Respondent: ANTHONY HARRY DE VRIES; Second Respondent: GERALDINE DE VRIES; Third Respondent: CUDBY & MEADE LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 June 2015
Procedural Posture
Originating Application Under Section 141 of the Unit Titles Act 2010 to Appoint an Administrator / Directions and Timetable Issued; Hearing Listed for 17 July 2015 (final Order Application)
Outcome
Hearing listed for 17 July 2015; directions and timetable issued; interim administrator authorised to accept Thistle Roofing quote for urgent guttering repairs with Body Corporate reserving right to recover costs; no forensic accountant appointed at this time; parties recommended to obtain legal representation.
Legal Topics
Appointment of Administrator, Interim Administrator Duties, Court Case Management and Timetabling, Urgent Repairs and Cost Recovery, Forensic Accounting Assessment
Unit Titles Act 2010 Property Law Civil Procedure Administrative Law Appointment of Administrator Interim Administrator Duties Court Case Management and Timetabling Urgent Repairs and Cost Recovery +1 more

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Parties

BODY CORPORATE 68792

First Applicant

SYNERGY ENTERPRISES LIMITED

Second Applicant

JAMES AND CAROLINE MCKERNAN

Second Applicant

STEVEN AND VALDA SCHECKTER

Second Applicant

GEOFFREY ARDEN

Second Applicant

HARRY MEMELINK

First Respondent

IANTREVOR NEILL HAMILTON

First Respondent

ANTHONY HARRY DE VRIES

Second Respondent

GERALDINE DE VRIES

Second Respondent

CUDBY & MEADE LIMITED

Third Respondent

Procedural Posture

Originating Application Under Section 141 of the Unit Titles Act 2010 to Appoint an Administrator / Directions and Timetable Issued; Hearing Listed for 17 July 2015 (final Order Application)

Legal Issues

  1. 1 Whether to set timetable and list hearing for final order under s141 Unit Titles Act 2010
  2. 2 Whether to order appointment of a forensic/forensic accountant to verify levies and invoices
  3. 3 Whether the interim administrator may accept a contractor's quote and proceed with urgent guttering repairs and reserve right to recover costs from an owner

Ratio Decidendi

The Court directed a timetable and listed the hearing for 17 July 2015, declined to order appointment of a forensic accountant at this time due to cost and non‑binding nature concerns, and authorised the interim administrator to accept a quote from Thistle Roofing Contractors for urgent guttering work if acceptable, on the basis that the Body Corporate reserves the right to seek recovery of that cost from Mr de Vries.

Court Disposition

Hearing listed for 17 July 2015; directions and timetable issued; interim administrator authorised to accept Thistle Roofing quote for urgent guttering repairs with Body Corporate reserving right to recover costs; no forensic accountant appointed at this time; parties recommended to obtain legal representation.

Orders

  • Applicants to file an amended application seeking a final order and any further affidavits in support by 19 June 2015
  • Any further or amended notices of opposition and any further affidavits in opposition to be filed by 3 July 2015