New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Unit titles act 2010 jurisdiction allocation
  • 13 Oct 2016

    BODY CORPORATE 324525 v STENT [2016] NZHC 2442

    Citation
    (2016) 18 NZCPR 176
    Court
    High Court

    The High Court retains its inherent jurisdiction to hear unit title disputes and ss 171-173 of the Unit Titles Act create concurrent monetary-based jurisdictions for Tribunal and District Court but do not implicitly oust the High Court's inherent jurisdiction; jurisdiction is determined by the total judgment or order sought rather than by artificially dividing causes of action; s176 does not import RTA s82 to create exclusive originating jurisdiction for the Tribunal over unit title disputes.

    • Unit titles act 2010 jurisdiction allocation
    • Tenancy tribunal monetary limits
    • High court inherent jurisdiction
    • Jurisdictional aggregation of claims
    • Summary judgment procedure