3 Sept 2021
BODY CORPORATE 126001 v HANNAM AND ORS [2021] NZHC 2307
- Citation
- (2021) 22 NZCPR 662
- Court
- High Court
Where a scheme material to owners' rights was materially amended on the eve of trial and the affected owners were not served with the revised scheme, their s74(6) right to be heard was breached; the Court therefore exercised its s74(8) power to cancel the consent order approving that scheme and directed the Body Corporate to re-serve an amended originating application so affected owners can be heard. The arbitration clause did not oust the Court's power under s74(8). The Court declined to determine the s173 claim because the claimed sum was below the s173 monetary threshold and the dispute is…