29 Jun 2016
B.E.M.A. PROPERTY INVESTMENTS LTD v BODY CORPORATE 366611 [2016] NZHC 1434
- Citation
- [2016] NZHC 1434
- Court
- High Court
BEMA failed to prove it was in possession of the unit at the relevant time (May 2009) so trespass could not be established; nuisance was not made out because there was no sufficient interference with BEMA's access or emanation from defendants' property and BEMA lacked the requisite proprietary interest; the body corporate's claim for levy recovery costs is not appropriate in this proceeding and must be pursued in the Tenancy Tribunal as previously indicated by the Court; accordingly both the plaintiff's claim and the counterclaim fail.