26 Feb 2015
BODY CORPORATE 401803 v VERMILLION WAGENER LTD [2014] NZHC 285
- Citation
- BODY CORPORATE 401803 v VERMILLION WAGENER LTD [2014] NZHC 285
- Court
- High Court
The Court held that the Apartment Lease and Amenities Lease guarantees were ultra vires and void because no duty in the Act or amended rules authorized the body corporate to enter long-term third‑party lease/guarantee arrangements and cl (b) of the Amenities guarantee conferred lessee‑like treatment inconsistent with s37(5). Clause 3.4 of the Management Agreement (except reimbursement of mobile phone costs) repeated and reinforced those ultra vires guarantees and is therefore void. The Court declined to grant relief under s140 UTA 2010 and declined summary disposal of the s140 claim due to pr…