20 Feb 2014
BODY CORPORATE 114424 v LV TRUST HOLDINGS LIMITED AND KP TRUST HOLDINGS LIMITED CA50/2013 [2014] NZCA 21
- Citation
- (2014) 15 NZCPR 375
- Court
- Court of Appeal
The Court upheld Asher J's application of Tisch: where remedial work involves both unit and common property the Court may approve a blended apportionment to achieve fairness; s 74(7)(b) authorises the High Court to order compensation for loss of use in appropriate cases; the 50/50 allocation and compensation for loss of use (market rent to be determined by an independent valuer) were fair and the appeal was dismissed.