New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Levy allocation

  • 8 Dec 2021

    WONG SUN EEN & ORS v BODY CORPORATE 384911 [2021] NZCA 665

    Citation
    [2021] NZCA 665
    Court
    Court of Appeal

    The Court allowed the appeal and set aside the ordinary resolution because, applying s 210, the incidence of a $29,000 per month 24/7 security contract levied across all unit owners was unjust and inequitable for the minority: the security was directed at supporting a hotel operation from which the minority did not participate, the cost was disproportionate (approximately $348,000 pa versus conventional security of about $25,000 pa), and the minority thereby subsidised hotel operational costs to an extent that met the high threshold of material unfairness required by s 210.

  • 8 Aug 2017

    BODY CORPORATE 191652 & ORS v COMOMBIE AND ELDER & ORS [2017] NZHC 1874

    Citation
    [2017] NZHC 1874
    Court
    High Court

    The Court was satisfied on expert evidence that the development suffered widespread moisture ingress causing decay, that a single coordinated remediation scheme addressing both private and common property (including passive fire issues) was appropriate, and that the proposed terms including a differential levy formula were necessary and achieved the fairest outcome to unit holders; accordingly the Court ordered the remediation scheme settled under s74 and permitted substituted service under r4.56.