New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Scheme under s48

Legal area

Court

3 Nov 2011

BODY CORPORATE 187874 V JACKSON & ORS HC AK CIV-2011-404-003635

Citation

openlaw-c5e21807_b152_49dc_933d_1243e3bcdb5d.pdf
Court

High Court

Evidence of widespread weathertightness defects and consultant recommendations established damage; the Body Corporate developed a detailed, broadly supported remedial scheme and funding mechanism; applying the s48 balancing exercise and authorities the Court approved the scheme as fair and expedient and ordered it to be binding on successors and assigns.
13 May 2010

BODY CORPORATE NO. 318596 AND ANOR V BARTLETT HC TAU CIV 2009-470-000952

Citation

openlaw-b5184b01_aacc_428e_8dce_79ba9a266a9e.pdf
Court

High Court

Court exercised its s48 discretion to sanction a scheme but held the draft scheme was inconsistent with the Act and Body Corporate rules to the extent it made the Body Corporate responsible for repair of balconies and other unit property. Balconies and interior faces of balustrades are unit property per the unit plan and rules; therefore the sanctioned scheme must apportion costs so that all owners contribute to common property repairs according to unit entitlement and individual owners remain responsible for repairs to their unit property. The draft clause providing Body Corporate responsibi…