19 Dec 2014
BODY CORPORATE 177519 v LAI and ORS [2014] NZHC 3381
- Citation
- [2014] NZHC 3381
- Court
- High Court
The Court refused to approve the amended s 74 scheme insofar as it sought to compel debtor owners to pay compensation for the value of partial repairs obtained via the Mainzeal settlement because such recovery is beyond the scope of s 74, would be unfair to debtor owners who had contributed levies and could not themselves litigate, and the proposed scheme also failed for lack of sufficient detail in apportioning common versus private property costs; the body corporate must seek consensus and may reapply with an appropriately limited and detailed scheme.