New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S 74 unit titles act 2010

Legal area

Court

29 Jul 2021

BODY CORPORATE 204299 v WHYTE & ORS [2021] NZHC 1942

Citation

[2021] NZHC 1942
Court

High Court

Because the reinstatement project was evidenced as complete by New Code Compliance Certificates, notices of completion were served on all affected parties in accordance with the Scheme, and no notices of opposition were filed within the Rule 7.24(1) timeframe, the court was satisfied to exercise its power under s 74(8) of the Unit Titles Act 2010 to discharge the Scheme.
17 Aug 2016

BODY CORPORATE 211974 v KIMBA HOLDINGS LIMITED [2016] NZHC 1916

Citation

[2016] NZHC 1916
Court

High Court

The Court was satisfied on the expert evidence that the buildings were damaged, that a common, coordinated s 74 scheme was appropriate to repair both units and common property, the proposed scheme had broad support and adequate detail, its terms were fair and consistent with the Act (including apportionment by utility interest and provision for levies in advance), and therefore the Court ordered the scheme settled as prayed.