6 May 2019
BODY CORPORATE 401803 v NANDA & ORS (as listed in Schedule 1) [2019] NZHC 970
- Citation
- [2019] NZHC 970
- Court
- High Court
Applying the Tisch three-step test the Court was satisfied the Tremont property had suffered building defects amounting to damage, that the proposed scheme was appropriate and pragmatic (supported by unanimous EGM resolution, service with no opposition, and detailed proposals), and that the terms of the scheme as amended to clarify that "Repairs" include works required to ensure code compliance in the course of rectifying defects were proper and necessary; accordingly the Court ordered the amended proposed scheme settled under s 74.