17 Feb 2015
OM HARDWARE LIMITED AND ORS v BODY CORPORATE 303662 AND ORS [2015] NZHC 190 [17 February 2015]
- Citation
- [2015] NZHC 190
- Court
- High Court
The Court exercised its broad discretion under s188(3) to order reassessment because the original unit entitlements were unlawfully and materially incorrect, the reassessment as at 21 February 2011 is practicable despite demolition, the valuers' evidence was consistent, and it is just and equitable that reassessed proportions (adopting the Ford Baker 21 February 2011 valuation) govern distribution of the insurance proceeds and the allocation of land shares; past body corporate levies will not be adjusted and estoppel was not established.