12 Apr 2017
YEE GOOD FORTUNE INVESTMENTS LTD v BODY CORPORATE 392619 [2017] NZHC 723
- Citation
- (2017)18 NZCPR 504
- Court
- High Court
High Court allowed the appeal in part: it held there was no evidential basis to sustain the Tribunal's factual finding that the delegation was passed as a special resolution and remitted that issue to the Tenancy Tribunal; it held s138 authorises a body corporate to engage in repairs and necessary preparatory work for building elements serving more than one unit and that s118 can permit a contingency fund to finance remediation, but that a contingency fund must be deliberately established in accordance with statutory/regulatory decision-making requirements (mere ledger coding is insufficient)…