14 Dec 2016
BODY CORPORATE 183930 v CHUA [2016] NZHC 3064
- Citation
- [2016] NZHC 3064
- Court
- High Court
The redrafted s74 scheme is approved because, on the facts, it is a pragmatic and proportionate exercise of the Court's broad discretion to achieve justice between unit owners: it addresses common property by contributions in accordance with unit entitlements, implements agreed contributory negligence adjustments, includes mediation/arbitration, and avoids an inequitable shift of repair costs that would follow a strict unit‑plan common/unit apportionment which would unfairly burden smaller units despite larger units incurring greater repair costs.