20 Feb 2017
MEMELINK v BODY CORPORATE 81012 [2016] NZHC 3151
- Citation
- [2016] NZHC 3151
- Court
- High Court
The application was struck out because the main relief sought concerned reassessment of utility interests under s 41 which requires a special resolution and the statutory objection procedure; the applicant did not satisfy s 210 prerequisites for minority relief (no evidence he voted against the apportionment and no evidential showing of unjust or inequitable effect), and s 210 cannot be used to circumvent the s 41 process.