10 Mar 2022
BODY CORPORATE 406198 v PROPERTY OPPORTUNITIES LIMITED [2022] NZHC 418
- Citation
- [2022] NZHC 418
- Court
- High Court
The Management Agreement entered 5 December 2008 is governed by the Unit Titles Act 1972; the June 2014 transfer to Shiraz was a contractual assignment not a novation and the 2018 renewal did not constitute a new Body Corporate act engaging ultra vires doctrine. The Agreement as a whole is not ultra vires; clauses granting exclusive rights to provide letting/hotel services are ultra vires but severable; clause 5.6.6 (Body Corporate's obligation to contribute an amount equivalent to rent for the Management Unit) is intra vires. The Body Corporate is entitled to restitution for outgoings paid u…