New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Licence/lease of common property s56
  • 15 Dec 2020

    EEN v BODY CORPORATE 384911 & ORS [2020] NZHC 3340

    Citation
    (2020) 21 NZCPR 809
    Court
    High Court

    The Court held the High Court could extend the 28-day statutory period under the Epidemic Preparedness Act sch 2 cl 1(1) because the minority's delay was connected to COVID-19 circumstances and extended the time by three days, thus rejecting the jurisdictional challenge; however the interim injunction was refused because, although there was a serious question to be tried that the hotel operation may require a special resolution under s56, the balance of convenience and overall justice favoured the majority given quantifiable damages to the minority, significant unquantifiable harm to the hote…

    • Unit titles
    • Body corporate rules
    • Minority relief s210
    • Licence/lease of common property s56
    • Interim injunctions
    • Extension of statutory time due to covid-19