BODY CORPORATE 68792 & ORS v MEMELINK & ORS [2016] NZHC 256

BODY CORPORATE 68792 & ORS v MEMELINK & ORS [2016] NZHC 256

Given the established dysfunction, repeated refusals to comply with directions, evidentiary support of derelict and unsightly items on common property, and the Administrator's lawful powers under s141 and the Court's inherent jurisdiction to direct officers, the Court confirmed the Administrator's decision to remove...

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Citation
[2016] NZHC 256
Parties
First Applicant: Body Corporate 68792; Second Applicant: Synergy Enterprises Limited; Second Applicant: James McKernan; Second Applicant: Caroline McKernan; Second Applicant: Steven Scheckter; Second Applicant: Valda Scheckter; Second Applicant: Geoffrey Arden; First Respondent: Harry Memelink; First Respondent: Ian Trevor 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
24 February 2016
Procedural Posture
Originating Application Under Section 141 Unit Titles Act 2010 (application for Directions to Administrator) / Hearing on Amended Application for Directions (application Granted in Part)
Outcome
Amended application granted in part: directions issued confirming Administrator's decisions; costs reserved
Legal Topics
Appointment of Administrator, Court Directions to Administrator, Removal of Nuisance and Derelict Vehicles, Repairs and Maintenance of Units, Costs Reservation
Unit Titles Law Property Law Administrative Law Civil Procedure Appointment of Administrator Court Directions to Administrator Removal of Nuisance and Derelict Vehicles Repairs and Maintenance of Units +1 more

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Parties

Body Corporate 68792

First Applicant

Synergy Enterprises Limited

Second Applicant

James McKernan

Second Applicant

Caroline McKernan

Second Applicant

Steven Scheckter

Second Applicant

Valda Scheckter

Second Applicant

Geoffrey Arden

Second Applicant

Harry Memelink

First Respondent

Ian Trevor 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 Unit Titles Act 2010 (application for Directions to Administrator) / Hearing on Amended Application for Directions (application Granted in Part)

Legal Issues

  1. 1 Whether the Administrator's decision to remove unlicensed, unregistered and derelict vehicles and other unsightly items from common property and unit parking areas is a proper exercise of his powers and duties
  2. 2 Whether the Administrator's decision to undertake and supervise a repair to Unit 16 in a good and tradesmanlike manner is a proper exercise of his powers and duties
  3. 3 Whether the Court should exercise its inherent jurisdiction to give directions to an administrator and the appropriate orders and costs

Ratio Decidendi

Given the established dysfunction, repeated refusals to comply with directions, evidentiary support of derelict and unsightly items on common property, and the Administrator's lawful powers under s141 and the Court's inherent jurisdiction to direct officers, the Court confirmed the Administrator's decision to remove derelict vehicles and other unsightly items as a proper exercise of his powers and confirmed his decision to effect a proper, tradesmanlike repair to Unit 16 subject to first obtaining an independent contractor's report and his satisfaction that repair is warranted.

Court Disposition

Amended application granted in part: directions issued confirming Administrator's decisions; costs reserved

Orders

  • Direction confirming the Administrator's decision to remove unlicensed, unregistered and derelict motor vehicles, timber, packaging materials, broken and dilapidated furniture and other unsightly items from common property and unit-designated parking areas is a proper exercise of his powers and duties
  • Direction confirming the Administrator's decision to undertake a repair to Unit 16 in a good and tradesmanlike manner is a proper exercise of his powers and duties, subject to the Administrator first obtaining an independent contractor's report and being satisfied the repair is warranted