3 Mar 2017
BODY CORPORATE 172108 v MANCHESTER SECURITIES LIMITED [2017] NZHC 329
- Citation
- [2017] BCL 142
- Court
- High Court
The Court held that it retains jurisdiction under s48(6) to vary a previously approved s48 scheme even where the scheme contains an arbitration clause because arbitrators appointed under the scheme cannot vary court orders; the scheme must be made consistent with the Unit Titles Act policy allocating common property costs by unit entitlement and, on the facts, Manchester must pay common property costs according to its 11.88% entitlement and make a provisional payment of NZD 321,264.79 plus GST subject to adjustment.