28 Jun 2023
MANGAWHAI DEVELOPMENTS LIMITED v LAKE VIEW ESTATE RESIDENTS SOCIETY INCORPORATED [2023] NZHC 1628
- Citation
- [2023] NZHC 1628
- Court
- High Court
MDL ceased to be the controlling member because its role was limited to the period while it held and could develop the land defined as Lake View Estate and the constitution's definition of Developer excludes successors or assigns; therefore MDL lacked the status whose written consent was required for the 2017 and 2019 amendments, the amendments are not invalid for lack of MDL consent or quorum, joinder of VSPL was appropriate, and defendants were entitled to summary judgment while MDL's summary judgment claim was dismissed.