2 Jun 2016
JOHN GILBERT v BODY CORPORATE 162791 [2016] NZSC 61
- Citation
- (2016) 11 NZCLC 98
- Court
- Supreme Court
The Court was equally divided on the central legal characterization. A majority of the panel of two (William Young and Glazebrook JJ) concluded levies could be regarded as payments "due under an agreement" (implied by the mutual operational regime and rules) and that s 32(5) therefore made the receiver personally liable; the minority (Elias CJ and O'Regan J) concluded levies are statutory obligations under the Unit Titles Act 2010 and not "payments becoming due under an agreement" for s 32(5). Because the Court was equally divided, the Court of Appeal judgment was affirmed without a majority…