20 Sept 2017
BUTCHER AND ORS V BODY CORPORATE 342525 [2018] NZCA 19
- Citation
- [2018] NZCA 19
- Court
- Court of Appeal
The appeal was dismissed because the central issue — whether the Origin‑recommended remedial works fell within the Body Corporate's powers under s138 — had been finally determined against the appellants in prior Wheeldon litigation so re‑litigation was barred by issue estoppel and abuse of process; the Butcher consent was neither cogent nor relevant to the building‑wide remediation; s96 lawfully prevented voting by owners who had not paid levies; and the Committee validly exercised delegated authority so no further special resolution was required.