New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Equitable distribution

Legal area

Court

3 Oct 2022

RE BODY CORPORATE 39826 [2022] NZHC 2518

Citation

[2022] NZHC 2518
Court

High Court

The Court authorised cancellation of Unit Plan 39826 as just and equitable: the special resolution was validly passed and notice requirements met; distribution by sale of the freehold with apportionment based on a registered valuer and the amended allocation excluding Unit J from Body Corporate refurbishment funds is fair; sale by tender is ordered; leave reserved for owners to apply within 15 working days if material inequity is identified.
21 Oct 2016

Application by Stables Family for Vesting Order [2016] NZHC 2519

Citation

[2016] NZHC 2519
Court

High Court

The court applied s119(1) and granted the vesting order because the applicants demonstrated they had suffered loss as a result of the Official Assignee's disclaimer, the affected parties consented or did not oppose, and it was appropriate in the interests of justice to dispense with service; accordingly the disclaimed one‑third share was vested equally in the two remaining owner groups, resulting in each holding a one‑half share.