8 Dec 2021
WONG SUN EEN & ORS v BODY CORPORATE 384911 [2021] NZCA 665
- Citation
- [2021] NZCA 665
- Court
- Court of Appeal
The Court allowed the appeal and set aside the ordinary resolution because, applying s 210, the incidence of a $29,000 per month 24/7 security contract levied across all unit owners was unjust and inequitable for the minority: the security was directed at supporting a hotel operation from which the minority did not participate, the cost was disproportionate (approximately $348,000 pa versus conventional security of about $25,000 pa), and the minority thereby subsidised hotel operational costs to an extent that met the high threshold of material unfairness required by s 210.