19 Dec 2018
BODY CORPORATE S73368 v ROSALIND KAY OTWAY (NOW ROSALIND KAY WRIGHT) AND OLPHERT SANDFORD TRUSTEE SERVICE COMPANY LIMITED [2018] NZCA 612
- Citation
- (2018) 20 NZCPR 477
- Court
- Court of Appeal
Decks were within unit boundaries but defects arose from original design and construction of the building stormwater/weathertightness system so s127 did not apply; the remediation repaired an indivisible building element (the overall stormwater/weathertightness system) benefiting all units so s138(4) could not be used as a standalone mechanism to shift the bulk of costs onto individual unit owners and must be read down where ss126/127 apply; limited joinery works benefiting particular units were recoverable under s126; the respondents' Calderbank offer of 7 August 2017 was sufficiently clear…