24 Nov 2021
FLAT BUSH FINANCE LIMITED v BODY CORPORATE 172108 [2021] NZCA 622
- Citation
- [2021] NZCA 622
- Court
- Court of Appeal
Leave to appeal was declined because, although the legal point as to a mortgagee in possession's liability for levies under the Unit Titles Act may be arguable, the high threshold for interlocutory leave was not met: the history of the litigation and the strong likelihood of a single substantive appeal meant the interests of justice disfavoured a separate interlocutory appeal; the High Court properly followed persuasive CA and Supreme Court authority that a mortgagee in possession can be liable for body corporate levies pursuant to s80(1)(f) and s105(3) of the Unit Titles Act.