20 Mar 2020
WESTTHORN PROPERTIES LTD v BODY CORPORATE 177519 [2020] NZHC 593
- Citation
- [2020] NZHC 593
- Court
- High Court
Although damage was established, the Court declined to settle a s74 scheme because it was unnecessary and inappropriate: the Body Corporate is actively progressing investigations and remedial steps and has sworn not to use s126; the proposed scheme would preempt owner democratic decision-making, merely replicate existing statutory duties, and a scheme is a remedy of last resort requiring broader owner support.