18 Aug 2015
BODY CORPORATE 201036 v WESTPAC BANKING CORPORATION [2015] NZHC 1955
- Citation
- [2015] NZHC 1955
- Court
- High Court
The Court dismissed the Body Corporate's application because the levy was not validly raised and s 74(7) of the Unit Titles Act does not operate as a mechanism to enforce levy collection or to permit charging and sale orders that would improperly encroach on the mortgagor–mortgagee relationship; indemnity costs were not justified but increased costs were appropriate due to the Body Corporate's unreasonable pursuit of procedural shortcuts, so costs were awarded to Cynotech on a 2B basis with a 50% uplift.