New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 74 unit titles act

Legal area

Court

2 Aug 2021

BODY CORPORATE 166208 v YORK TRUSTEES LIMITED [2021] NZHC 1974

Citation

[2021] NZHC 1974
Court

High Court

Indemnity costs were refused because there was no evidence the Body Corporate knowingly or recklessly pursued a hopeless claim; increased costs were awarded in respect of steps after the 28 February 2020 offer because the combination of an untenable claim and refusal of an orthodox, court‑based alternative (offer to discontinue without costs and/or to bring a s74 application) amounted to conduct warranting an uplift; scale costs were quantified at $38,711.15, disbursements of $18,883.87 awarded, and an additional component equal to York Trustees' 3.017% levy contribution to the Body Corporate…
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.