12 Dec 2023
BODY CORPORATE 126001 v HANNAM [2023] NZHC 3604
- Citation
- [2023] NZHC 3604
- Court
- High Court
The 2019 settlement remained binding on the Trustees and did not become frustrated by cancellation of the consent order; alternatively the Trustees' alternative schemes could not be considered because they were not served on all respondents and materially altered key terms; on the merits the Court exercised its s 74 discretion to approve the Body Corporate's annexed scheme as fair — allocating direct and indirect construction costs to affected unit owners and common property costs by ownership interest for levels 4–10, rejecting the Trustees' ownership‑interest redistribution and refusing to…