2 Nov 2022
BODY CORPORATE 372942 v THE CROWN [2022] NZHC 2854
- Citation
- [2022] NZHC 2854
- Court
- High Court
The Court applied fairness/justice factors derived from s119 jurisprudence and held it was just to vest the disclaimed unit in the Body Corporate because mortgagees had disclaimed leaving no effective enforcement route, levies and rates would continue to accrue to the detriment of other owners, relevant third parties (Crown and liquidators) did not oppose, and vesting would allow sale to satisfy debts; mortgages remain subsisting to the extent of amounts secured at the time of disclaimer but do not preclude vesting.