10 Feb 2022
BODY CORPORATE S90876 v PALMER TRADING LIMITED [2022] NZHC 146
- Citation
- [2022] NZHC 146
- Court
- High Court
Rule 2.3.9 of the 2004 Body Corporate Rules was valid and limited caretaking agreements to an initial five‑year term and reserved to the Body Corporate the power to decide renewals; the Caretaking Agreement's automatic long‑term renewal mechanism deprived the Body Corporate of that power and was therefore ultra vires to the extent it provided for automatic renewals beyond the initial five years; because the Aspen Villas control period ended by 6 November 2002 the Court had no jurisdiction under s140(5) UTA 2010 to set aside the agreement as harsh and unconscionable; accordingly the Caretaking…