New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Court order under s58
  • 11 Nov 2010

    CRAYFISH COMPANY LIMITED AND ANOR HC AK CIV-2010-404-3601

    Citation
    openlaw-4035d844_353a_4c89_9919_a39355b0f9eb.pdf
    Court
    High Court

    Because a majority of proprietors and mortgagees supported the SPUD, all required notices were given and no substantive dissent was shown or advanced, the court, applying s58 and the Geddes principle of inquiring into dissent, granted the order to deposit the substituted proposed unit development plan.

    • Subdivision of unit titles
    • Deposit of substituted proposed unit development plan (spud)
    • Consent of registered proprietors and mortgagees
    • Court order under s58
    • Notice and right to be heard