21 Jul 2015
TREMONT HOLDINGS LTD V BODY CORPORATE 401803 CA289/2014 [2015] NZCA 314
- Citation
- (2015) 16 NZCPR 509
- Court
- Court of Appeal
The appeal is dismissed: Tremont failed to demonstrate that the effect of the August 2013 resolution was unjust or inequitable to the minority under s 210 because it did not establish material unfairness to all minority members; the body corporate was entitled to levy owners proportionately to fund lawful litigation and the delegation notice, even if not specific as to each power, did not invalidate the delegation; leave to pursue an additional ground attacking the November 2013 resolutions on appeal is declined.