New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Common property repairs

Legal area

Court

14 Dec 2017

BODY CORPORATE 328392 v KIM [2017] NZHC 3113

Citation

[2017] NZHC 3113
Court

High Court

The Court approved the s 74 scheme because it was satisfied on the evidence that significant remedial work was necessary, that a comprehensive scheme administered by the body corporate was the most efficient and practicable method, and that the scheme's terms (including levy allocation and authority to address unforeseen defects and achieve code compliance) were appropriate to restore value to the complex.
17 Aug 2016

BODY CORPORATE 211974 v KIMBA HOLDINGS LIMITED [2016] NZHC 1916

Citation

[2016] NZHC 1916
Court

High Court

The Court was satisfied on the expert evidence that the buildings were damaged, that a common, coordinated s 74 scheme was appropriate to repair both units and common property, the proposed scheme had broad support and adequate detail, its terms were fair and consistent with the Act (including apportionment by utility interest and provision for levies in advance), and therefore the Court ordered the scheme settled as prayed.