2 Sept 2016
BODY CORPORATE 204299 v WHYTE AND OTHERS [2016] NZHC 2083
- Citation
- [2016] NZHC 2083
- Court
- High Court
The court refused to approve the applicants' initial scheme because treating the 20 common property walls as unit property was an unjustified departure from the Act; the agreed scheme treats those walls as common property and allocates their repair costs across all units using utility interests, thereby satisfying s 74 and warranting court approval.