30 Jan 2018
CLARRIE LAWRENCE SMALL and KM TRUSTEE SERVICES LIMITED v BODY CORPORATE 324525 [2018] NZHC 19
- Citation
- [2018] NZHC 19
- Court
- High Court
Summary judgment was dismissed because there are genuine triable issues whether the settlement allocation was a misallocation, whether the body corporate held settlement funds as trustee or agent for unit owners, and whether committee members breached duties; confidentiality of settlement agreements should be maintained; key legal finding that the body corporate owns common property and did not, as a matter of law, hold settlement proceeds as trustee for unit owners was affirmed, so the plaintiffs have not established no arguable defence and summary judgment is inappropriate.
- Leaky building
- Settlement confidentiality
- Misallocation of settlement funds
- Fiduciary duties of committee members
- Vicarious liability
- Foss v harbottle derivative action