New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Scheme approval under unit titles act

Legal area

Court

23 Sept 2016

QING (CATHERINE) GAO, HONGYANG (HENRY) CUI, LI CHEN, WEI MIN (PAUL) ZHOU, YUANXI LUI, HAILONG (JASON) LIU, MING (EVA) ZUO, HANG (CHRISTINE) YUAN AND JING (ANGELA) YAN V BODY CORPORATE 183930 AND 106 OTHER RESPONDENTS [2016] NZCA 458

Citation

[2016] NZAR 1313
Court

Court of Appeal

The Court of Appeal has no jurisdiction to hear the appeal because the High Court delivered only an interim judgment with findings and directions but made no order, declaration or other relief (no sealed result) against which an appeal under s66 could lie; provisional findings and reasons are not independently appealable.
20 Dec 2012

LV TRUST HOLDINGS LIMITED AND KP TRUST HOLDINGS LIMITED V BODY CORPORATE 114424 & OTHERS HC AK CIV-2011-404-008245

Citation

openlaw-41000628_6d4d_48aa_8898_60075e4626a1.pdf
Court

High Court

The Court held that fairness required departing from strict utility‑interest apportionment because unit P incurred an inequitable extra charge for an additional floor that did not undergo curtain‑wall work; accordingly the applicants' proposed split (50% equal per unit and 50% by utility interest) was adopted for levy apportionment. The Court also concluded it had jurisdiction under the scheme‑approval powers to include compensatory payments where necessary to do equity and that compensation was warranted for the applicants for prolonged loss of use, measured by market rent, subject to final…