31 Oct 2023
BODY CORPORATE 407798 & ORS v MALTBY & ORS [2023] NZHC 3064
- Citation
- [2023] NZHC 3064
- Court
- High Court
The Court found the Development sustained substantial damage, the proposed scheme provided sufficient and appropriate detail, the tailored cost-apportionment (utility interest for general works and deck owners bearing deck/internal costs) was fair in the circumstances, and the scheme had broad support at the EGM; therefore the Court, exercising its s 74 discretion and applying Tisch factors, settled the proposed scheme.