New Zealand Case Law: Decisions & Judgments

Topic

Scheme settlement

Legal area

Court

18 Mar 2022

BODY CORPORATE 392418 v CHAN & ORS [2022] NZHC 503

Citation

[2022] NZHC 503
Court

High Court

The Court held that the defects at 132 Stancombe (both actual weathertightness damage and systemic passive fire defects creating a real risk of significant damage) amounted to "damage" under s 74, and that it was appropriate to settle a scheme notwithstanding ongoing negligence proceedings because approval would not determine developer liability; accordingly the Court approved the proposed scheme, including the departure from standard rules to apportion roof repair costs across all unit owners.
28 Apr 2021

BODY CORPORATE 86105 v LESLIE [2021] NZHC 924

Citation

[2021] NZHC 924
Court

High Court

The Court discharged the s74 scheme because the reinstatement works were completed as evidenced by a Code Compliance Certificate, the required notices were served on owners, mortgagees and insurers, no opposition to discharge was received, and s74(8) empowers the Court to discharge the earlier order and remove the registered s74(5) notice.
20 Feb 2017

BODY CORPORATE 211438 v CROZIER & ORS [2017] NZHC 201

Citation

[2017] NZHC 201
Court

High Court

Court was satisfied on affidavit evidence and WHRS report that the property is damaged and requires full re-clad, the proposed reinstatement scheme and levy calculation methodology are appropriate, and therefore the scheme is settled and approved under s 74, permitting departures only as necessary.
27 Aug 2015

BODY CORPORATE 303953 v WANG [2015] NZHC 2039

Citation

[2015] NZHC 2039
Court

High Court

Court concluded the buildings were damaged; a coordinated s 74 scheme was appropriate; the proposed detailed scheme, including allocation of indirect and associated costs by utility interest to address inequity and economies of scale, was fair and within permissible departures from the Act and therefore was settled pursuant to s 74 Unit Titles Act 2010.
18 Aug 2015

BODY CORPORATE 201036 v WESTPAC BANKING CORPORATION [2015] NZHC 1955

Citation

[2015] NZHC 1955
Court

High Court

The Court dismissed the Body Corporate's application because the levy was not validly raised and s 74(7) of the Unit Titles Act does not operate as a mechanism to enforce levy collection or to permit charging and sale orders that would improperly encroach on the mortgagor–mortgagee relationship; indemnity costs were not justified but increased costs were appropriate due to the Body Corporate's unreasonable pursuit of procedural shortcuts, so costs were awarded to Cynotech on a 2B basis with a 50% uplift.
12 Jun 2014

BODY CORPORATE 201036 v WESTPAC BANKING CORPORATION [2014] NZHC 1321

Citation

[2014] NZHC 1321
Court

High Court

The Court approved and settled the proposed scheme under s74 because it was satisfied the buildings suffer serious weathertightness damage, adequate steps had been taken to serve and notify interested parties, unit owners either supported or did not oppose the proposal, and the proposed scheme was sufficiently detailed to warrant settlement.
12 Jul 2010

BODY CORPORATE NO 183059 V SOKOL LTD AND ORS AND ORS HC AK CIV-2010-404-000140

Citation

openlaw-e5269dbb_cadf_4d24_8388_ab2daaa24fab.pdf
Court

High Court

The adjournment was refused because Sokol did not apply for appeal within time, provided insufficient grounds to justify adjourning, its prospects of out‑of‑time appeal were low, and the urgency and interests of other unit owners in proceeding outweighed Sokol's arguments; substantive challenges to the Body Corporate's authority can be decided at the hearing.

New Zealand Case Law

BODY CORPORATE 392418 v CHAN & ORS [2022] NZHC 503

BODY CORPORATE 86105 v LESLIE [2021] NZHC 924

BODY CORPORATE 211438 v CROZIER & ORS [2017] NZHC 201

BODY CORPORATE 303953 v WANG [2015] NZHC 2039

BODY CORPORATE 201036 v WESTPAC BANKING CORPORATION [2015] NZHC 1955

BODY CORPORATE 201036 v WESTPAC BANKING CORPORATION [2014] NZHC 1321

BODY CORPORATE NO 183059 V SOKOL LTD AND ORS AND ORS HC AK CIV-2010-404-000140