1 Oct 2018
GU v BODY CORPORATE 211747 [2018] NZCA 396
- Citation
- [2018] NZCA 396
- Court
- Court of Appeal
The Court held that the body corporate was responsible for the additional remediation works and apportionment of costs by ownership/utility interest is consistent with the Unit Titles Acts where works benefit the building as a whole; recovery from individual owners is limited to distinct and ascertainable benefits to particular units; Muir J's asserted presumption that payment must always be on ownership basis was mis-stated but, applying statutory rules and fairness, owners including commercial owners must contribute by ownership interest, subject to adjustment to account for amounts already…