9 Oct 2014
CHUAN WU v BODY CORPORATE 366611 [2014] NZSC 137
- Citation
- [2014] NZSC 137
- Court
- Supreme Court
The Supreme Court held r 3.10 did not authorise requiring owners to sign the Protocol or pay a security deposit as a precondition to access and the Unit Titles Act did not provide power to impose those measures outside the formal rule‑making process; the Protocol amounted to impermissible informal rule‑making and, on the facts, the respondents committed an actionable trespass by ousting the owner from common property and denying access; the appellant was not obliged to mitigate by accepting the contested Protocol and unsecured deposit; High Court damages reinstated.