21 Feb 2018
BODY CORPORATE 392619 v YEE GOOD FORTUNE INVESTMENTS LIMITED [2018] NZHC 214_x000b_
- Citation
- [2018] NZHC 214
- Court
- High Court
The Court found Yee had established a genuine and substantial dispute about liability for the 2014 and 2015 levies because there was insufficient evidence that an optional contingency fund required by ss115–121 UTA had been deliberately established in accordance with decision‑making requirements (and Unit Titles Regulations reg 31); because that dispute was substantial the liquidation claim was not suitable for determination in the liquidation list and the proper remedy was to stay the liquidation proceedings and adjourn for possible substitution application by the supporting creditor.