3 Sept 2015
BODY CORPORATE 183930 v CHUA & ORS [2015] NZHC 2122
- Citation
- [2015] NZHC 2122
- Court
- High Court
The Court will not settle the draft scheme as filed; approval requires that (a) common property repair costs be accounted for and funded by all owners in proportion to unit entitlement, (b) contributory negligence percentages used must be those in schedule 3 to the Remedial Works Agreement, and (c) the scheme must include mediation and arbitration dispute-resolution provisions; other machinery/delegation provisions are acceptable to enable efficient implementation.
- Scheme settlement under s 74
- Allocation of repair costs and levies
- Contributory negligence apportionment
- Retrospectivity of court orders
- Delegation of powers of body corporate
- Gst allocation