2 Jul 2015
BODY CORPORATE 201036 v WESTPAC BANKING CORPORATION [2015] NZHC 1524
- Citation
- (2015) 16 NZCPR 494
- Court
- High Court
The Court held that s74(7) does not authorize bodies corporate to bypass ordinary enforcement procedures by obtaining immediate judgment, charging and sale orders via a scheme application; the levy was not validly raised under the Scheme process and retrospective approval was not required or appropriate; accordingly the application for judgment, charging and sale orders and for amendment of the Scheme to permit such enforcement was dismissed.
- Unit titles act s74 schemes
- Levy imposition and enforcement
- Validity and ultra vires of levies
- Charging orders and judicial sale
- Rights of mortgagees
- Court discretion to vary schemes