8 Sept 2017
BODY CORPORATE 211747 v GU [2017] NZHC 2191
- Citation
- (2017) 18 NZCPR 814
- Court
- High Court
The Court held in principle that the original s74 scheme should be varied: costs for the additional fire protection works and remediation of extract risers and associated ductwork are building‑wide matters that benefit all owners and therefore should be apportioned on ownership interest (subject to adjustment for unrelated external carpark entitlements); the logic of the original scheme was rendered inapplicable by unforeseen defects and an amended scheme consistent with these findings must be prepared and resubmitted for approval.