11 Aug 2017
BODY CORPORATE 85115 v MIDDLEMISS & ORS [2017] NZHC 1906
- Citation
- [2017] NZHC 1906
- Court
- High Court
The Court was satisfied that the decks suffered significant weathertightness damage triggering s74, that a court‑settled scheme was necessary and in the best interests of unit owners, that adequate service had been effected pursuant to subsequent Court directions, and that the proposed, detailed scheme (with a limited and sensible departure from the Act to levy repairs on utility interest) fairly balanced owners' interests; accordingly the Court approved and settled the scheme, subject to a clarifying amendment to clause 17.2 preserving both arbitration and leave to apply to the Court.