New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Reinstatement works

Legal area

Court

27 Sept 2017

BODY CORPORATE 102123 v HAINES & ORS [2017] NZHC 2365

Citation

[2017] NZHC 2365
Court

High Court

The Court approved the s 74 scheme because the evidence established the need for repairs, the scheme was supported by all owners, no opposition was filed, and the scheme met the statutory and common law factors (as set out in Tisch) balancing fairness and expedition in undertaking reinstatement works.
16 Oct 2015

BODY CORPORATE 208399 v THOMSON AND ORS [2015] NZHC 2548

Citation

BODY CORPORATE 208399 v THOMSON AND ORS [2015] NZHC 2548
Court

High Court

The Court was satisfied the development had suffered qualifying weathertightness damage, that a s74 scheme was essential and appropriate, and that the detailed draft scheme submitted (including allocating direct construction costs to individual units and indirect/associated costs according to ownership interest as resolved by the Body Corporate) should be approved.