New Zealand Case Law: Decisions & Judgments

Topic

Scheme under s48 unit titles act

Legal area

Court

15 Jun 2012

BODY CORPORATE 185632 V THADHANI HC AK CIV 2011-404-3260

Citation

openlaw-cc320a11_cf32_45bf_b95c_04869210cb21.pdf
Court

High Court

The Court will not approve clause 3.1 in its existing open form and requires it be amended to limit works to those constituting reinstatement within the terms of s48 of the Unit Titles Act 1972 and to define 'Repairs' accordingly; clause 3.2 allowing for installation of gutters is acceptable because gutters can constitute reinstatement to prevent further damage; clauses 8.1(b) and 8.1(c) allocating certain reinstatement costs to owners by unit entitlement are approved given proprietor support and the distribution of costs in this development, but the scheme's definition of 'Infrastructure' mu…
29 Aug 2011

TISCH & ORS V BODY CORPORATE NO 318596 COA CA359/2010

Citation

COA CA359/2010
Court

Court of Appeal

The Court of Appeal upheld the High Court: s48 must be exercised with regard to the Act and body corporate rules; a court may not, as a general rule, make a scheme that requires owners to pay for other owners' private property (balconies) unless necessary and fair; the proposed scheme was an unwarranted departure from the Act and rules and was not fair and equitable, so the appeal is dismissed.
31 Aug 2010

BODY CORPORATE 172108 V MEADER & ORS HC AK CIV 2009-404-6868

Citation

openlaw-ac5b6b93_64fb_47c0_88ac_a15a5550f795.pdf
Court

High Court

The court accepted Manchester's proposed amendment to clause 21.2 to cap its liability at 11.88% of total repair costs while excluding costs of project management or construction advisors that do not benefit all proprietors (those costs to be borne solely by Manchester), ordered corresponding amendments to clauses 21.3 and 21.4, renumbered inadvertently misnumbered clauses, and approved the final form of the scheme for sealing, noting cl21.2 must be read with cl21.3 and that cl21.3 is not subject to cl21.2; costs reserved.

New Zealand Case Law

BODY CORPORATE 185632 V THADHANI HC AK CIV 2011-404-3260

TISCH & ORS V BODY CORPORATE NO 318596 COA CA359/2010

BODY CORPORATE 172108 V MEADER & ORS HC AK CIV 2009-404-6868