New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Scheme of repairs

Legal area

Court

13 May 2019

BODY CORPORATE 314604 v HAY [2019] NZHC 1041

Citation

[2019] NZHC 1041
Court

High Court

The Court approved the proposed scheme because the complex suffered systemic weathertightness damage requiring full remediation, the scheme had the requisite broad support and sufficient detail, its cost allocation (equal shares with limited, specified exceptions) was fair and consistent with the Unit Titles Act 2010, and the Body Corporate was entitled to be authorised to carry out the works and to levy contributions in advance to secure the remediation.
19 Nov 2018

BODY CORPORATE 196961 v IMAGE DOOR NZ LTD [2018] NZHC 2988

Citation

[2018] NZHC 2988
Court

High Court

The s 74 scheme of repairs is granted because the statutory and procedural prerequisites were met (service, established damage, detailed scheme consistent with precedent), the proposed apportionment and bathroom exception are equitable and supported by owners, coordinated repairs across blocks are necessary, and retrospective effect is justified by prior conduct and owner support.