30 May 2018
BODY CORPORATE 199380 v COOK & ANOR[2018] NZHC 1244
- Citation
- (2018) 19 NZCPR 522
- Court
- High Court
s138(4) is not limited to circumstances where s126 does not apply; both provisions can apply concurrently but a body corporate does not have an unfettered choice to use s138(4) whenever both apply. When deciding between s126 and s138(4) the body corporate must act in the statutory context and consider the Act's purposes, the nature of the building, whether repairs confer substantial benefit to other units, and fairness; where repairs substantially benefit other units recovery under s126 is likely appropriate. On the facts the Tribunal and District Court were justified in applying s126 and app…