29 Jul 2020
BODY CORPORATE 340942 v THOMAS [2020] NZHC 1856
- Citation
- [2020] NZHC 1856
- Court
- High Court
The Court approved the variation because the additional remedial works vary between units and it is fair and reasonable for individual owners to bear the cost of internal fitout (allowing choice of fixtures) while costs for reinstating internal partition walls remain apportioned by utility interest due to embedded infrastructure and body corporate responsibility; the variation enjoys broad unit owner support, is sufficiently detailed, commensurate with the Act, and thus met the statutory test for approval.