17 Nov 2017
MANCHESTER SECURITIES LTD v BODY CORPORATE 172108 [2017] NZCA 527
- Citation
- (2017) 19NZCPR 65
- Court
- Court of Appeal
The Court held the unprecedented magnitude of the cost increases (and Manchester's dilatory conduct) fundamentally undermined the logic and fairness of the original capped scheme; accordingly variation under s 48(6) to reinstate the default statutory cost allocation was justified, arbitration was not an adequate remedy to address the systemic unfairness, and an interim payment to the Body Corporate pending completion was properly ordered.