9 May 2014
BODY CORPORATE 172108 v GUNDRY & ANOR [2014] NZHC 954
- Citation
- [2014] NZHC 954
- Court
- High Court
The 1972 Act continued to govern the sanctioned s 48 scheme by virtue of transitional provisions; the scheme expressly imported the 1972 Act and rules; AGM and committee minutes established valid delegation to the committee to raise and collect levies; service to the defendants' nominated/addressed contact was established and their denial was held inherently improbable; the defendants raised no arguable defence (their alleged counterclaims were not sufficiently interconnected to operate as equitable set-off); accordingly there was no real question to be tried and summary judgment was granted…