18 Jul 2017
TANG & ANOR v BODY CORPORATE 183930 & ANOR [2017] NZCA 305
- Citation
- [2017] NZCA 305
- Court
- Court of Appeal
Leave to adduce the Levie affidavit was granted and the cross-appeal allowed because the new evidence satisfactorily explained the discrepancies between the original and revised schedules, confirmed the revised schedule was circulated in June 2011 and used in owner deliberations, and showed reductions were justified by third‑party recoveries so that adopting the revised Schedule 3 does not detrimentally affect other owners; accordingly the scheme was varied to refer to the revised Schedule 3.