New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Cost allocation between unit owners

Legal area

Court

8 Aug 2016

BODY CORPORATE 207650 v SPECK & ORS [2016] NZHC 1826

Citation

[2016] NZHC 1826
Court

High Court

The Court sanctioned the proposed s 74 scheme because the remedial works were necessary, the scheme was sufficiently detailed, any departures from the Act and Body Corporate Rules were no more than reasonably necessary to achieve fairness, and there was broad support with no opposition.
12 Jul 2013

LV TRUST HOLDINGS LTD AND KP TRUST HOLDINGS LIMITED v BODY CORPORATE 114424 & OTHERS [2013] NZHC 1764

Citation

[2013] NZHC 1764
Court

High Court

The Court approved the s 74 scheme and, exercising its broad discretion under s 74(9) read with r 14 of the High Court Rules, awarded the applicants scale costs on a 2B basis (with 2C for preparation of submissions and the bundle), declined costs predating proceedings, and granted an additional lump sum of NZD 45,000 to reimburse extra costs incurred initiating and serving the scheme application because the Body Corporate should have initiated the proceeding.