201 Limited v Body Corporate 329331

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2018-404-000223

[2018] NZHC 976

BETWEEN
201 LIMITED

First Plaintiff

202 LIMITED
Second Plaintiff

302 LIMITED
Third Plaintiff

307 LIMITED
Fourth Plaintiff

AND

BODY CORPORATE 329331

Defendant

Hearing: 17 April 2018

Appearances:

D G Hurd for the Plaintiffs

D Bigio QC and T Rainey for the Defendant

Judgment:

8 May 2018

RESULTS JUDGMENT OF HINTON J

This judgment was delivered by me on 8 May 2018 at 9.30 am pursuant to Rule 11.5 of the High Court Rules

…………………………………………………………………… Registrar/Deputy Registrar

Counsel/Solicitors:
David Bigio, Queens Counsel, Auckland David Hurd, Barrister, Auckland
Richard Allen Law Ltd, Ponsonby Rainey Law, Auckland

201 LIMITED v BODY CORPORATE 329331 [2018] NZHC 976 [8 May 2018]

[1] The plaintiffs seek an interim injunction restraining the defendant body corporate from taking any step to effect repairs to the Ridge apartment complex in College Hill, including entering into any contract for carrying out the proposed repairs.

[2] The application for an injunction is dismissed. The plaintiffs have not demonstrated an arguable case. The balance of convenience lies in favour of the defendant and declining injunctive relief is consistent with the overall interests of justice.

[3]A reasons judgment will follow shortly.

[4]Costs are reserved and will be timetabled as part of the reasons judgment.

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Hinton J

CaseChat Overview and Summary

In the High Court of New Zealand, the plaintiffs, 201 Limited, 202 Limited, 302 Limited, and 307 Limited, sought an interim injunction against the defendant, Body Corporate 329331, to prevent it from undertaking any repairs to the Ridge apartment complex in College Hill. The case was heard by Hinton J on April 17, 2018, with D G Hurd representing the plaintiffs and D Bigio QC and T Rainey representing the defendant. The court delivered its judgment on May 8, 2018.

The primary legal issue before the court was whether the plaintiffs had demonstrated a sufficient arguable case to warrant an interim injunction. The court also had to consider the balance of convenience and the overall interests of justice in deciding whether to grant the injunction. The plaintiffs argued that the proposed repairs by the defendant were unnecessary and would cause undue harm to their interests. However, the defendant contended that the repairs were essential to maintain the structural integrity of the apartment complex and were in the best interest of all unit owners.

In dismissing the application for an injunction, the court held that the plaintiffs had not demonstrated an arguable case that the repairs were unjustified. The court found that the balance of convenience and the overall interests of justice favoured the defendant, as the proposed repairs were necessary to prevent further damage to the Ridge apartment complex. The court noted that the plaintiffs had not provided sufficient evidence to support their claims, and the proposed repairs were in line with the statutory obligations of the defendant as a body corporate. As a result, the application for an interim injunction was dismissed.

The court reserved the decision on costs, which will be addressed in a reasons judgment to follow. This decision underscores the importance of demonstrating a strong arguable case when seeking interim injunctive relief, especially in matters involving property and statutory obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established