16 Feb 2022
BODY CORPORATE 154155 v BISHOP [2022] NZHC 197
- Citation
- [2022] NZHC 197
- Court
- High Court
The Court approved the s 74 scheme because (1) the Apartment Block is damaged and requires comprehensive remediation (including reclad); (2) the proposed scheme is appropriate and fair given the physical separation and differing histories of the two buildings, the detailed consultation and broad owner support; and (3) it is fair to apportion remediation costs among Apartment Block owners by utility interest while excluding Townhouse owners from liability for Apartment Block remediation, with preparation and application costs shared by all owners.