28 Apr 2016
BODY CORPORATE 194769 v WHEATLEY AND COPSTICK [2016] NZHC 856
- Citation
- [2016] NZHC 856
- Court
- High Court
The Court was satisfied the building was damaged, a s 74 scheme was appropriate given broad owner support and need for coordinated repairs, and the proposed scheme's terms (including funding levies across units) were a reasonable and necessary departure from the Act to achieve fairness and enforceability; accordingly the Court ordered the proposed scheme settled.
- Scheme under s 74 unit titles act 2010
- Levy funding and recovery
- Leaky building remediation
- Court discretion in settling schemes