6 Jun 2023
KENNEDY and BJORS v BODY CORPORATE 82981 [2023] NZHC 1377
- Citation
- [2023] NZHC 1377
- Court
- High Court
A body corporate has authority to fund and indemnify committee members for defence costs and to enter a limited deed of indemnity where such measures are for the purpose of performing its statutory duties and exercising its powers related to management and governance; the March and September 2022 resolutions and the deed of indemnity (which excluded fraud, wilful default and gross negligence and other unlawful indemnities) were intra vires; the s210 28-day challenge period runs from the passing of a written resolution when postal voting closes (here 30 September 2022) so the plaintiffs' s210…