8 Jun 2016
Body Corporate 202692 v Jamac Holdings Limited [2016] NZHC 1226
- Citation
- [2016] NZHC 1226
- Court
- High Court
The court approved the scheme because evidence showed the building is watertight-defective and being damaged, the proposed scheme had broad owner support and sufficient detail, it complied with statutory requirements (including permitting upfront levies and apportionment by utility interest consistent with s 126), and it reasonably clarified Body Corporate powers (s 138) to allow comprehensive repairs; accordingly sanction under s 74 was appropriate.