21 Sept 2020
BODY CORPORATE 166208 v YORK TRUSTEES LIMITED [2020] NZHC 2463
- Citation
- [2020] NZHC 2463
- Court
- High Court
Claim struck out because the declaratory relief sought is premised on disputed facts and speculative future repairs, statutory rights of recovery under ss 126 and 127 do not arise until repairs are performed, s 138(4) cannot be used to recover costs for building elements legally outside the defendant's unit, and therefore there is no tenable legal basis on which the court can make the binding declarations sought; plaintiffs must either undertake repairs and then seek recovery or use the s 74 scheme process.