15 Aug 2022
INERT HOLDINGS LTD v GULF HARBOUR MARINE VILLAGE RESIDENTS’ ASSOCIATION INC [2022] NZCA 379
- Citation
- [2022] NZCA 379
- Court
- Court of Appeal
The appeal was dismissed because the appellants were not successors or assignees of GHDL in the required legal sense and therefore could not be Developer or Controlling Member; only one entity can hold those roles at a time and the chain of assignment showed no transferee of Marlin's status to the appellants, so even if the 2012 amendment were set aside there is no party entitled to the Developer/Controlling Member rights and the High Court did not err in refusing to declare the amendment void.