21 May 2015
BODY CORPORATE 162791 V GILBERT CA213/2014 [2015] NZCA 185
- Citation
- [2015] 3 NZLR 601
- Court
- Court of Appeal
Levies payable by unit owners fall within the wide concept of an 'agreement' for s 32(5) because purchasing a unit binds the purchaser to body corporate rules and statutory obligations under the Unit Titles Act; those levies relate to the use, possession or occupation of property in receivership and therefore the receiver is personally liable for levies accruing after the 14 day grace period; no arguable case existed to limit or excuse liability under s 32(7); accordingly judgment for the body corporate against the receiver was warranted, including interest and costs.