31 May 2016
BODY CORPORATE 204299 v WHYTE AND OTHERS [2016] NZHC 1164
- Citation
- [2016] NZHC 1164
- Court
- High Court
The court declined to approve the proposed s 74 scheme because its reallocation of cost for 20 common property walls departs from the Unit Titles Act and body corporate rules more than is reasonably necessary to achieve fairness between unit owners; the asserted reasons (block-by-block approach and FAP access) were insufficient to justify the departure, and the weight of owner support did not overcome the requirement of minimal necessary departure under Tisch.