12 Jun 2019
BODY CORPORATE 87945 v MARINE PARADE HOLDINGS LIMITED [2019] NZHC 1311
- Citation
- (2019)20 NZCPR 893
- Court
- High Court
The Court settled the s 74 scheme and approved allocation of remediation costs by utility interest because the building's interrelated configuration meant remediation materially benefits the whole complex, practical difficulties make precise unit-by-unit cost allocation unworkable, the scheme had broad support from owners, and the utility interest approach fairly balances owners' interests in the circumstances.