23 Feb 2022
BODY CORPORATE 210106 v THE RESPONDENTS AS SET OUT IN SCHEDULE 1 TO THE APPLICATION [2022] NZHC 255
- Citation
- [2022] NZHC 255
- Court
- High Court
Because remediation was infeasible and the building unsafe, a majority of owners supported sale, no viable alternatives existed, and the statutory considerations in ss188 and 342 were met, it was just and equitable to dissolve the body corporate and cancel the unit plan and appropriate to order sale of the land with proceeds distributed proportionately and registered mortgages extinguished on cancellation (without discharging borrower liabilities under loan agreements).