Body Corporate 189717 v Duan

[2024] NZHC 2428

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2024-404-000604

[2024] NZHC 2428

UNDER

Unit Titles Act 2010

IN THE MATTER OF

an originating application for a scheme pursuant to section 74 of the Unit Titles Act

BETWEEN

BODY CORPORATE 189717

Applicant

AND

XIAOJING DUAN and ZHENYU SHI

First Respondents

(Respondents as in schedule annexed)

Hearing:	25 July 2024
Appearances:	D T D Horton for Applicant
Judgment:	28 August 2024

JUDGMENT OF VAN BOHEMEN J

This judgment was delivered by me on 28 August 2024 at 10 am pursuant to r 11.5 of the High Court Rules 2016.

Registrar/Deputy Registrar

……………………………..

Counsel/Solicitors:

D T D Horton, Auckland

Thomas Gibbons Law, Hamilton

BODY CORPORATE 189717 v DUAN [2024] NZHC 2428 [28 August 2024]

[1]    Body Corporate 189717 applies for an order under s 74 of the Unit Titles   Act 2010 settling a scheme for the reinstatement of the building at 14 Waterloo Quadrant, Auckland (the Connaught) to repair weathertightness defects and damage. The Connaught, constructed in the late-1990s, is a 14-level residential building with 154 units and four basement carparks levels. The building is leaky and requires a full reclad and other remedial works.

[2]    The originating application is supported by an affidavit dated 31 January 2024 by Linda Keesing-Styles. Ms Keesing-Styles owns a unit in the Connaught and is the current chairperson of the Body Corporate, first elected in July 2021 and re-elected at the annual general meeting held on 6 July 2023. At that meeting, Ms Keesing-Styles was authorised to provide an affidavit in support of this application.

[3]    The application came before me on 25 July 2024. Ms Horton appeared for the Body Corporate. No unit owner was present at the hearing and no opposition to the application has been filed. In accordance with Venning J’s order, the application has proceeded by way of formal proof.1

[4]    At the annual general meeting on 6 July 2023, the members of the Body Corporate unanimously resolved to proceed with the scheme set out at schedule 2 to the application.2 The minutes record that the meeting was quorate with no less than 25 per cent of those eligible to vote represented. The scheme:

(a)authorises the Body Corporate to act as agent for the owners to deal with all matters relating to the repair of the Connaught;

(b)authorises the repairs to be undertaken by way of contracts entered into and managed by the Body Corporate;

1      Body Corporate 189717 v Duan HC Auckland CIV-2024-404-604, 6 June 2024 (Minute of Venning J) at [2].

2      The scheme at schedule 2 includes one minor change to the draft scheme approved at the annual general meeting on 6 July 2023: the addition of the words “and may have carried out Repairs” at cl 8.7.

(c)determines how the costs of repairs are to be shared between the unit owners, and authorises the Body Corporate to raise levies from owners in accordance with the scheme;

(d)allows the Body Corporate, at its discretion, to manage any work requested by an individual unit owner that is additional to the repairs; and

(e)provides mechanisms to deal with managing funds, vacation of units, reporting to unit owners, the transfer of a unit, enforcement, levy recovery and disputes.

[5]    In her affidavit dated 31 January 2024, Ms Keesing-Styles outlined how the defects in the Connaught were identified, the reports commissioned to investigate the extent of the defects and damage, and the Body Corporate committee’s proactive engagement with unit owners. She described the steps taken to minimise the costs of the remedial works required including conducting a pilot project to test a less costly (yet ultimately rejected) option to remediate the building and peer reviews of the costings and proposed remedial work undertaken. Ms Keesing-Styles also described the comprehensive programme of information and decision-making run by the Body Corporate committee including regular newsletters, information evenings, extraordinary general meetings, annual general meetings and preference papers.

[6]    Ms  Horton  says  service  of  the  application  has  been  effected  on  the  163 respondents listed in schedule 1 to the application. They comprise, in accordance with Robinson J’s direction, the registered owners of the 154 units, the Body Corporate’s insurer, Chubb Insurance NZ Ltd, and all other parties with a registered interest in a unit.3 Affidavits dated between 22 April 2024 and 13 June 2024 from Patrick Henshall and Lachlan Smith, process servers; Wendy Baker, the Body Corporate manager; and Thomas Gibbons, the Body Corporate’s instructing solicitor, confirm and detail the mode of service on each respondent.

3      Body Corporate 189717 v Duan HC Auckland CIV-2024-404-604, 9 April 2024 (Minute of Robinson J).

Legal principles

[7]    Section 74 of the Unit Titles Act provides that, on the application of a body corporate, the Court may, by order, settle a scheme if any building or other improvement comprised in any unit or on the based land is damaged or destroyed. A scheme may include provision for reinstatement for a building in whole or in part and the Court has a broad discretion to make any orders that it considers expedient or necessary for giving effect to the scheme.4

[8]    In Tisch v Body Corporate 318596, the Court of Appeal set out a three-stage process that the Court should follow when considering an application to settle a scheme:5

•Step 1: the Court must be satisfied that the building has been damaged or destroyed.

•Step 2: if so satisfied, the Court must decide whether to settle a scheme. That is, the Court must decide whether a scheme is appropriate in the circumstances.

•Step 3: if the court decides a scheme is appropriate, it must then decide what the terms of the scheme should be.

[9]    The Court’s power under s 74 is discretionary and each application to settle a scheme is determined on its own factual circumstances.6 The overarching consideration is fairness. The Court of Appeal in Tisch said:7

The aim should be to balance the interests of each unit holder in a way that imposes terms that achieve the outcome fairest to all unit holders.

[10]   The Court outlined five factors to be taken into account when considering the terms of a proposed scheme:8

(a)A scheme with broad support is to be preferred.

4      Unit Titles Act 2010, s 74(7).

5      Tisch v Body Corporate No 318596 [2011] 3 NZLR 679 (CA) at [35].

6      Body Corporate 407798 v Maltby [2023] NZHC 3064 at [18], citing Body Corporate 177519 v Lai [2014] NZHC 3381 at [18]; and Body Corporate 194769 v Wheatley [2016] NZHC 856 at [10].

7      Tisch v Body Corporate No 318596, above n 5, at [44].

8      At [45]–[49].

(b)The scheme should be appropriately detailed to enable unit owners and the Court to judge its effectiveness.

(c)The order has retrospective effect so long as the Body Corporate has acted in accordance with the scheme prior to the Court’s approval.

(d)Remedial work is generally to be carried out to the same standard in relation to all units and at the same time.

(e)The terms of the scheme are not to depart from the Unit Titles Act and Body Corporate rules any more than is reasonably necessary to achieve fairness between unit owners in the circumstances.

Has the building been damaged?

[11]   In his affidavit dated 13 March 2024, Richard Angell, a registered building surveyor of Maynard Marks, the property and building consultancy engaged by the Body Corporate to investigate the defects and damage to the Connaught, summarised the findings of three reports prepared by Maynard Marks. Those reports were annexed to his affidavit. Mr Angell concluded that moisture ingress was occurring as a result of:

(a)deterioration and cracking of sealant joints in the glass-fibre reinforced concrete panels/cladding system;

(b)failure of the internal gutters in the perimeter of the main roof; and

(c)deterioration of fibre-cement infill claddings and waterproof membranes applied on the balconies and terraces.

[12]   Similarly, in his affidavit dated 28 February 2024, Henry Dillon, a project consultant engaged by the Body Corporate to assist with initial guidance on the content

of the Maynard Marks reports and with communicating the findings to the unit owners, concluded the Connaught requires remediation work to address:

(a)water ingress to the roof, which has caused damage to the structure, cladding and wall/ceiling linings;

(b)water ingress in the cladding, which has caused damage to the cladding supporting structure, timber framing and wall linings;

(c)water ingress around the deck and podium areas, which has caused damage to the cladding, structure and wall/ceiling linings; and

(d)some building elements which are reaching the end of their economic life (such as roof cladding) and require replacement.

[13]Accordingly, I am satisfied the Connaught has been damaged.

Is the scheme appropriate in the circumstances?

[14]   Ms Horton says the scheme is necessary and is the best option for the unit owners as a whole. She submits the scheme will support a single reinstatement project that will be carried out in an expeditious manner. In her affidavit, Ms Keesing-Styles said she believed the owners had a common goal of ensuring that the damage and issues with the Connaught are remediated in a proper, coordinated and timely manner.

[15]   As set out in Ms Keesing-Style’s affidavit, repairs to the Connaught have been discussed since weathertightness issues were first identified in 2018. The Body Corporate has commissioned reports from Maynard Marks, engaged Mr Dillon to manage the remedial works, took steps to minimise the remedial costs and proactively engaged with unit owners about the remediation process.

[16]   It is plain that the scheme enjoys broad support. It was unanimously approved at the annual general meeting held on 6 July 2023. No opposition to the application has been filed. At the hearing on 25 July 2024, Ms Horton said that the remedial works had already begun in accordance with the scheme and all units had been vacated. She

also noted that, encouragingly, all but one of the unit owners had paid their levies pursuant to the scheme.

[17]I am satisfied, therefore, that the scheme is appropriate in the circumstances.

What should the terms of the scheme be?

[18]   The Unit Titles Act provides that a Body Corporate is responsible for repairs to common property and levies owners according to their utility interest, while unit owners are responsible for the repair and maintenance of their own unit property.9 Ms Horton notes the scheme departs for the Act by providing that both common property and unit property, so far as they relate to the proposed repairs, will fall under the responsibility of the Body Corporate, with both types of property being levied against the owners in accordance with their utility interest. She submits this is a sensible departure and in the best interests of the unit owners, ensuring that the remedial works are completed in a coordinated, efficient and cost-effective manner.

[19]   This Court has approved similar schemes as a sensible departure from the Act where it is in the best interests of the unit owners.10 As in this case, the nature and extent of the damage to the Connaught means that all unit owners will benefit from the proposed repairs — the restoration of value is in respect of the building as a whole, not simply individual units. The departure will also ensure a consistent standard of design and construction throughout the building as the remedial works are completed.

[20]   I consider that the other key provisions are similar to those used in schemes previously approved by this Court and the scheme has an appropriate level of detail.11 I am satisfied that the terms of the scheme approved by the Body Corporate at its meeting on 6 July 2023 should be approved.

9      Unit Titles Act, ss 80(1)(g), 121 and 138.

10 See, for example, Body Corporate 87945 v Marine Parade Holdings Ltd  [2019] NZHC 1311; Body Corporate 81340 v Knight [2018] NZHC 2953; and Body Corporate 85115 v Middlemiss [2017] NZHC 1906 at [30].

11 See Body Corporate 407798 v Maltby [2023] NZHC 3064; Body Corporate 169774 v Weerasinghe [2020] NZHC 3144; and Body Corporate 87945 v Marine Parade Holdings Limited [2019] NZHC 1311.

Order

[21]   I make an order under s 74 of the Unit Titles Act 2010 settling the scheme for the reinstatement of the Connaught, 14 Waterloo Quadrant, Auckland as set out in schedule 2 to the originating application of Body Corporate 189717.

[22]   To the extent the Body Corporate has already acted in accordance with the scheme, this order has retrospective effect.

G J van Bohemen J

Annexure: Schedule of Respondents

PARTY

UNIT OWNER

First Respondent

Xiaojing Duan and Zhenyu Shi, registered owner of  Unit D, 14 Waterloo Quadrant, Auckland Central, 1010

Second Respondents

Varun Chandra Modi and Hina Modi, registered owner of Unit E, 14 Waterloo Quadrant, Auckland Central, 1010

Third Respondent

Harry Hohaio Hayabusa, registered owner of Unit F, 14 Waterloo Quadrant, Auckland Central, 1010

Fourth Respondent

GBD Investments Limited, registered owner of Unit G, 14 Waterloo Quadrant, Auckland Central, 1010

Fifth Respondent

Donna Rose Addis, registered owner of Unit H, 14 Waterloo Quadrant, Auckland Central, 1010

Sixth Respondent

Standard Trustee Company Limited, registered owner of Unit I, 14 Waterloo Quadrant, Auckland Central, 1010

Seventh Respondent

Harry Hohaio Hayabusa, registered owner of Unit 1A, 14 Waterloo Quadrant, Auckland Central, 1010

Eighth Respondents

Tofigh Alizadeh, Rachael Simone Alizadeh and Louise Janet Neho, registered owner of Unit 1B,

14 Waterloo Quadrant, Auckland Central, 1010

Ninth Respondent

AKKA Property Limited, registered owner of Unit 1C,

14 Waterloo Quadrant, Auckland Central, 1010

Tenth Respondents

Medprevent Limited and Forsyth Trustees-Peter Limited, registered owner of Unit 1D,

14 Waterloo Quadrant, Auckland Central, 1010

Eleventh Respondent

A.C.P. Portfolio Limited, registered owner of Unit 1E,

14 Waterloo Quadrant, Auckland Central, 1010

Twelfth Respondents

Liu Yu and Shiyu Li, registered owner of Unit 1F, 14 Waterloo Quadrant, Auckland Central, 1010

Thirteenth Respondent

Harry Hohaio Hayabusa, registered owner of Unit 1G,

14 Waterloo Quadrant, Auckland Central, 1010

Fourteenth Respondents

Christian Leze and Sourmina Ginette Leze, registered owner of Unit 1H, 14 Waterloo Quadrant, Auckland Central, 1010

Fifteenth Respondent

Pinkcity Corporation Limited, registered owner of Unit 1I, 14 Waterloo Quadrant, Auckland Central, 1010

Sixteenth Respondent

Timothy Hamilton Marshall, registered owner of Unit 1J,

14 Waterloo Quadrant, Auckland Central, 1010

Seventeenth Respondent

Harry Hohaio Hayabusa, registered owner of Unit 1K,

14 Waterloo Quadrant, Auckland Central, 1010

Eighteenth Respondent

Maungawhau Assets Limited, registered owner of Unit 1L, 14 Waterloo Quadrant, Auckland Central, 1010

Nineteenth Respondent

Harry Hohaio Hayabusa, registered owner of Unit 2A

14 Waterloo Quadrant, Auckland Central, 1010

PARTY

UNIT OWNER

Twentieth Respondents

Shao Bo Liu and Lee Chew Chia, registered owner of Unit 2B,

14 Waterloo Quadrant, Auckland Central, 1010

Twenty-First Respondent

Harry Hohaio Hayabusa, registered owner of Unit 2C, 14 Waterloo Quadrant, Auckland Central, 1010

Twenty-Second Respondent

Gaye Christine Wood, registered owner of Unit 2D, 14 Waterloo Quadrant, Auckland Central, 1010

Twenty-Third Respondents

Trang Huyen Vu, Vu Ling Truong and Trang Vu Trustee Company Limited, registered owner of Unit 2E,

14 Waterloo Quadrant, Auckland Central, 1010

Twenty-Fourth Respondents

Graeme Francis Couper and Annita Erna Gotthans, registered owner of Unit 2F,

14 Waterloo Quadrant, Auckland Central, 1010

Twenty-Fifth Respondents

Veronica Gravning, Kristofer Gravning, and Carl Thomas Gravning, registered owner of Unit 2G,

14 Waterloo Quadrant, Auckland Central, 1010

Twenty-Sixth Respondents

Peter John Weekes, Gina Laurene Sanders and Grant Andrew Weekes, registered owner of Unit 2H,

14 Waterloo Quadrant, Auckland Central, 1010

Twenty-Seventh Respondents

Brett Wallis Sanders and Sylvia Denise Sanders, registered owner of Unit 2I, 14 Waterloo Quadrant, Auckland Central, 1010

Twenty-Eighth Respondent

Hina Modi, registered owner of Unit 2J,

14 Waterloo Quadrant, Auckland Central, 1010

Twenty-Ninth Respondents

Zaheed Abdullah Kanthawala and Fatema Zaheed  Kanthawala, registered owner of Unit 2K,

14 Waterloo Quadrant, Auckland Central, 1010

Thirtieth Respondent

Jesse Quinton Wilson, registered owner of Unit 2L, 14 Waterloo Quadrant, Auckland Central, 1010

Thirty-First Respondent

Gregory Luke Larkin, registered owner of Unit 3A, 14 Waterloo Quadrant, Auckland Central, 1010

Thirty-Second Respondents

Zhimin Tang and Min Pan, registered owner of Unit 3B, 14 Waterloo Quadrant, Auckland Central, 1010

Thirty-Third Respondents

Helen He and Rudian Bin Bachik Ahmad, registered owner of Unit 3C, 14 Waterloo Quadrant, Auckland Central, 1010

Thirty-Fourth Respondents

Gabrielle Marie Larkin and Louise Marie Larkin, registered owner of Unit 3D, 14 Waterloo Quadrant, Auckland Central, 1010

Thirty-Fifth Respondent

Harry Hohaio Hayabusa, registered owner of Unit 3E,

14 Waterloo Quadrant, Auckland Central, 1010

Thirty-Sixth Respondents

Grant Bruce Jeffrey, Kathryn Gaye Jewson and G I Finlay Trustees Limited, registered owner of Unit 3F,

14 Waterloo Quadrant, Auckland Central, 1010

Thirty-Seventh Respondents

Andrew John Broczek and D.G. Trustee Co (2012) Limited, registered owner of Unit 3G,

14 Waterloo Quadrant, Auckland Central, 1010

Thirty-Eighth Respondent

Claxton Property Investments Limited, registered owner of Unit 3H, 14 Waterloo Quadrant, Auckland Central, 1010

PARTY

UNIT OWNER

Thirty-Ninth Respondent

Cornelia  Boeckl,  registered  owner  of  Unit 3I,

14  Waterloo Quadrant, Auckland Central, 1010

Fortieth Respondents

Ying Liu and Hong Li, registered owner of Unit 3J,

14 Waterloo Quadrant, Auckland Central, 1010

Forty-First Respondent

Century One Limited, registered owner of Unit 3K,

14 Waterloo Quadrant, Auckland Central, 1010

Forty-Second Respondent

Harry Hohaio Hayabusa, registered owner of Unit 3L,

14 Waterloo Quadrant, Auckland Central, 1010

Forty-Third Respondent

Xihai Zhou, registered owner of Unit 4A,
14 Waterloo Quadrant, Auckland Central, 1010

Forty-Fourth Respondent

Donald William Hamilton, registered owner of Unit 4B, 14 Waterloo Quadrant, Auckland Central, 1010

Forty-Fifth Respondents

Stephanie Margaret Tait and Lyndsay John Tait, registered owner of Unit 4C, 14 Waterloo Quadrant, Auckland Central, 1010

Forty-Sixth Respondents

Cliff Chih Fang Lin and Susan Su Shan Chen, registered owner of Unit 4D, 14 Waterloo Quadrant, Auckland Central, 1010

Forty-Seventh Respondent

Maloush Limited, registered owner of Unit 4E,  14 Waterloo Quadrant, Auckland Central, 1010

Forty-Eighth Respondents

Linda  Catherine  Hill  and  Jonathan   Aubrey   Hill,  registered owner  of Unit 4F, 14 Waterloo Quadrant, Auckland Central, 1010

Forty-Ninth Respondent

Century One Limited, registered owner of Unit 4G, 14 Waterloo Quadrant, Auckland Central, 1010

Fiftieth Respondent

Vincent Ewe-Saik Teoh and Renee Kooi Yin Chong, registered owner of Unit 4H,

14 Waterloo Quadrant, Auckland Central, 1010

Fifty-First Respondent

Quling Trustee Limited, registered owner of Unit 4I,

14 Waterloo Quadrant, Auckland Central, 1010

Fifty-Second Respondent

Danny Tsu Lien Tsao, registered owner of Unit 4J,

14 Waterloo Quadrant, Auckland Central, 1010

Fifty-Third Respondent

Century One Limited, registered owner of Unit 4K,

14 Waterloo Quadrant, Auckland Central, 1010

Fifty-Fourth Respondents

Andrei Victor Ciprian Somnea, Andrea Lee McLagan and SWL Trustee Company (2021) Limited, registered owner of Unit 4L,

14 Waterloo Quadrant, Auckland Central, 1010

Fifty-Fifth Respondents

Margot Lucy Bowker and Phillip Geoffrey Bowker, registered owner of Unit 5A,

14 Waterloo Quadrant, Auckland Central, 1010

Fifty-Sixth Respondent

Wenyuan Wu, registered owner of Unit 5B,

14 Waterloo Quadrant, Auckland Central, 1010

Fifty-Seventh Respondent

Hina Modi, registered owner of Unit 5C,

14 Waterloo Quadrant, Auckland Central, 1010

Fifty-Eighth Respondents

Flavio Leonardo Dos Santos Porto and Raphaella Cristina Vieira Jorio Porto, registered owner of Unit 5D,

14 Waterloo Quadrant, Auckland Central, 1010

Fifty-Ninth Respondent

Olga Konytcheva, registered owner of Unit 5E,

14 Waterloo Quadrant, Auckland Central, 1010

PARTY

UNIT OWNER

Sixtieth Respondents

Eric Chun Cheong Lam and Suk Man Lam Lui, registered owner of Unit 5F, 14 Waterloo Quadrant, Auckland Central, 1010

Sixty-First Respondent

John Geoffrey Bolitho, registered owner of Unit 5G,

14 Waterloo Quadrant, Auckland Central, 1010

Sixty-Second Respondent

Ling Ngan Ng, registered owner of Unit 5H,

14 Waterloo Quadrant, Auckland Central, 1010

Sixty-Third Respondents

Crispin Brodie and Cristiana Chiappini, registered owner of Unit 5I, 14 Waterloo Quadrant, Auckland Central, 1010

Sixty-Fourth Respondent

Yan Ling Tsui, registered owner of Unit 5K,

14 Waterloo Quadrant, Auckland Central, 1010

Sixty-Fifth Respondents

Margot Lucy Bowker and Phillip Geoffrey Bowker, registered owner of Unit 5L, 14 Waterloo Quadrant, Auckland Central, 1010

Sixty-Sixth Respondents

Vincent Ewe-Saik Teoh and Renee Kooi Yin Chong , registered owner of Unit 6A, 14 Waterloo Quadrant, Auckland Central, 1010

Sixty-Seventh Respondents

Benjamin Bernard Bakker, Chantal Nicole Bakker and Currie Trustee Services Limited, registered owner of Unit 6B,

14 Waterloo Quadrant, Auckland Central, 1010

Sixty-Eighth Respondent

Harry Hohaio Hayabusa, registered owner of Unit 6C,

14 Waterloo Quadrant, Auckland Central, 1010

Sixty-Ninth Respondent

Yu-Ching Chao, registered owner of Unit 6D, 14 Waterloo Quadrant, Auckland Central, 1010

Seventieth Respondent

Nur Hamizah Binti Mohd Najib, registered owner of Unit 6E, 14 Waterloo Quadrant, Auckland Central, 1010

Seventy-First Respondent

Yama Holdings Limited, registered owner of Unit 6F,

14 Waterloo Quadrant, Auckland Central, 1010

Seventy-Second Respondent

Michiko Deguchi, registered owner of Unit 6G,

14 Waterloo Quadrant, Auckland Central, 1010

Seventy-Third Respondent

Century One Limited, registered owner of Unit 6H,

14 Waterloo Quadrant, Auckland Central, 1010

Seventy-Fourth Respondent

Quling Trustee Limited, registered owner of Unit 6I,

14 Waterloo Quadrant, Auckland Central, 1010

Seventy-Fifth Respondent

Dianfan Lyu, registered owner of Unit 6J,

14 Waterloo Quadrant, Auckland Central, 1010

Seventy-Sixth Respondent

Harry Hohaio Hayabusa, registered owner of Unit 6K,

14 Waterloo Quadrant, Auckland Central, 1010

Seventy-Seventh Respondent

Century One Limited, registered owner of Unit 6L, 14 Waterloo Quadrant, Auckland Central, 1010

Seventy-Eighth Respondents

Peter John Taylor, Colleen Zola Taylor and Lance Alistair Cameron,

registered owner of Unit 7A, 14 Waterloo Quadrant, Auckland Central, 1010

Seventy-Ninth Respondent

Century One Limited, registered owner of Unit 7B,

14 Waterloo Quadrant, Auckland Central, 1010

PARTY

UNIT OWNER

Eightieth Respondent

Century One Limited, registered owner of Unit 7C,

14 Waterloo Quadrant, Auckland Central, 1010

Eighty-First Respondent

Runyang Zhong, registered owner of Unit 7D,

14 Waterloo Quadrant, Auckland Central, 1010

Eighty-Second Respondent

Tracey Patricia Thomas, registered owner of Unit 7E,

14 Waterloo Quadrant, Auckland Central, 1010

Eighty-Third Respondent

Hong Yu Liu, registered owner of Unit 7F,

14 Waterloo Quadrant, Auckland Central, 1010

Eighty-Fourth Respondent

Lai Hang Lui, registered owner of Unit 7G,

14 Waterloo Quadrant, Auckland Central, 1010

Eighty-Fifth Respondent

Danny Tsu Lien Tsao, registered owner of Unit 7H, 14 Waterloo Quadrant, Auckland Central, 1010

Eighty-Sixth Respondent

Frank Christopher Moon, registered owner of Unit 7I,

14 Waterloo Quadrant, Auckland Central, 1010

Eighty-Seventh Respondents

Zheng Zhao and Xiao Mei Zheng, registered owner of Unit 7J, 14 Waterloo Quadrant, Auckland Central, 1010

Eighty-Eighth Respondents

Anthony Heck Hoe Lee, Christina Kwai Choi Lee and Joshan Trustee Limited, registered owner of Unit 7K,

14 Waterloo Quadrant, Auckland Central, 1010

Eighty-Ninth Respondent

JPCA Investment Limited, registered owner of Unit 7L, 14 Waterloo Quadrant, Auckland Central, 1010

Ninetieth Respondent

Century One Limited, registered owner of Unit 8A,

14 Waterloo Quadrant, Auckland Central, 1010

Ninety-First Respondents

Rudduck Trustees (No 2) Limited and Rudduck Trustees Limited, registered owner of Unit 8B, 14Waterloo Quadrant, Auckland Central, 1010

Ninety-Second Respondents

Shona Mary Scandrett, Teresa Virginia Scandrett and Daniel Douglas Scandrett, registered owner of Unit 8C, 14 Waterloo Quadrant, Auckland Central, 1010

Ninety-Third Respondent

Anthony Thomas Bell, registered owner of Unit 8D,

14 Waterloo Quadrant, Auckland Central, 1010

Ninety-Fourth Respondents

Michael John Fitzpatrick and Pamela Kaye Claxton, registered owner of Unit 8E,

14 Waterloo Quadrant, Auckland Central, 1010

Ninety-Fifth Respondents

Yat Man Cheng and Yan Ling Tsui, registered owner of Unit 8F, 14 Waterloo Quadrant, Auckland Central, 1010

Ninety-Sixth Respondent

Ian William Dee, registered owner of Unit 8G, 14 Waterloo Quadrant, Auckland Central, 1010

Ninety-Seventh Respondent

Streets Apart Limited, registered owner of Unit 8H,

14 Waterloo Quadrant, Auckland Central, 1010

Ninety-Eighth Respondent

Claxton Property Investments Limited, registered owner of Unit 8I, 14 Waterloo Quadrant, Auckland Central, 1010

Ninety-Ninth Respondent

Hina Modi, registered owner of Unit 8J,

14 Waterloo Quadrant, Auckland Central, 1010

One Hundredth Respondent

Lilian Gail Godfrey, registered owner of Unit 8K,

14  Waterloo Quadrant, Auckland Central, 1010

PARTY

UNIT OWNER

One-Hundred and First Respondents

Paul Thomas Joicey and Anca Joicey, registered owner of Unit 8L, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Second

Respondents

Guy Raymond Burgess and Raymond Gordon Burgess,

registered owner of Unit 9A, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Third Respondents

Craig Alexander McAlpine and Julian Tocker Barrett Smith, registered owner of Unit 9B,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Fourth Respondent

Su-Fen Cheng, registered owner of Unit 9C,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Fifth

Respondent

Barbara Jean Ewing, registered owner of Unit 9D,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Sixth Respondent

Emi Lam Trustee Limited, registered owner of Unit 9E,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Seventh Respondent

Anne Lorraine Fredericks, registered owner of Unit 9F,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Eighth

Respondent

Lai Huang Lui, registered owner of Unit 9G,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Ninth Respondent

Century One Limited, registered owner of Unit 9H,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Tenth

Respondent

Harry Hohaio Hayabusa, registered owner of Unit 9I,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Eleventh Respondents

Rudduck Trustees Limited and Rudduck Trustees (No 2) Limited, registered owner of Unit 9J,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Twelfth Respondents

Ying Liu and Hong Li, registered owner of Unit 9K,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Thirteenth Respondents

Zhimin Tang and Min Pan, registered owner of Unit 9L,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Fourteenth Respondents

Julian Tocker Barrett Smith and Craig Alexander McAlpine,

registered owner of Unit 10A, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Fifteenth Respondents

Sean Roderick Sturm, and Malcolm Randall Sturm, registered owner of Unit 10B,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Sixteenth Respondents

David Anthony Arnet and Jacquelin Mary Fry, registered owner of Unit 10C, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Seventeenth

Respondent

Harry Hohaio Hayabusa, registered owner of Unit 10D,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Eighteenth Respondent

Harry Hohaio Hayabusa, registered owner of Unit 10E,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Nineteenth Respondents

Shona Mary Scandrett, Teresa Virginia Scandrett and Daniel Douglas Scandrett, registered owner of Unit 10F,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Twentieth Respondents

Wayne John Foster, Karen Shirley Foster and Mark Adrian Jenkins,

registered owner of Unit 10G, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Twenty-First Respondent

Tuscan Trustee Limited, registered owner of Unit 10H,

14 Waterloo Quadrant, Auckland Central, 1010

PARTY

UNIT OWNER

One-Hundred and Twenty-Second Respondents

Yu Wang and Yijie Huang, registered owner of Unit 10I, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Twenty-Third Respondent

Rosemary Joy Shaw, registered owner of Unit 10K, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Twenty-Fourth Respondent

Zhen Zhang, registered owner of Unit 10L,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Twenty-Fifth Respondents

Christopher Gaston Woolcott, Frances Anne Woolcott, and Lockhart Trustee Services No. 126 Limited, registered owner of Unit 11A,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Twenty-Sixth Respondents

Gregory James Putland and James Mary Frances Putland,

registered owner of Unit 11B, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Twenty-Seventh Respondent

Century One Limited, registered owner of Unit 11C,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Twenty-Eighth Respondent

Catherine Anne Edmonds, registered owner of Unit 11D, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Twenty-Ninth Respondent

GCC Capital II Limited, registered owner of Unit 11E,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Thirtieth Respondents

Sonya Elizabeth Roberts, Nicholas James Roberts and Arnet Law Trustee Limited, registered owner of Unit 11F, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Thirty-First Respondent

Xin Qi, registered owner of Unit 11G,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Thirty-Second Respondent

Xihai Zhou, registered owner of Unit 11H,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Thirty-Third

Respondent

Muhammad Noor Azrin Bin Abdul Aziz, Registered owner of Unit 11I, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Thirty-Fourth Respondent

Crystal Ooi Jing Liu, registered owner of Unit 11J,

14  Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Thirty-Fifth Respondents

Carl Clement Darras and Sylvie Josiane Lyliane Dremon Epouse Darras, registered owner of Unit 11K, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Thirty-Sixth

Respondent

Century One Limited, registered owner of Unit 11L,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Thirty- Seventh Respondent

Maximus NZ Limited, registered owner of Unit 12A, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Thirty-Eighth Respondent

Zura Investments Limited, registered owner of Unit 12B, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Thirty-Ninth Respondent

Harry Hohaio Hayabusa, registered owner of Unit 12C,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Fortieth Respondent

Century One Limited, registered owner of Unit 12D,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Forty-First Respondents

Ho Hyeon Jung and Jin Young Han, registered owner of Unit 12E, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Forty-Second Respondent

Hong Yu Lui, registered owner of Unit 12F,

14 Waterloo Quadrant, Auckland Central, 1010

PARTY

UNIT OWNER

One-Hundred and Forty-Third Respondents

Peter John Taylor, Colleen Zola Taylor and Lance  Alistair Campbell, registered owner of Unit 12G, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Forty-Fourth

Respondent

Vari Kree, registered owner of Unit 12H,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Forty-Fifth Respondent

Ning Liu, registered owner of Unit 12I,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Forty-Sixth Respondents

David Anthony Arnet and Jacquelin Mary Fry, registered owner of Unit 12J, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Forty- Seventh

Respondent

Krystal Anne Ward, registered owner of Unit 12K,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Forty-Eighth Respondent

Linda Marie Keesing-Styles, registered owner of Unit 12L,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Forty-Ninth Respondent

Yan Ling Tsui, registered owner of Unit 14A,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Fiftieth Respondent

Susan Margaret St John, registered owner of Unit 14B,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Fifty-First

Respondent

Hong Yu Liu, registered owner of Unit 14C,

14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Fifty-Second

Respondent

Lygon Investments Limited, registered owner of Unit 14D, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Fifty-Third Respondents

Maxwell Clarke Morris and Raylene Lammas Ramsey, registered owner of Unit 14E, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Fifty-Fourth Respondents

Marek John Hamlin and Philip Keith Hamlin, registered owner of Unit 14F, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Fifty-Fifth

Respondent

ANZ Bank New Zealand Limited, Ground Floor, ANZ Centre, 23-29 Albert Street, Auckland

One-Hundred and Fifty-Sixth

Respondent

Bank of New Zealand Limited, Level 4, 80 Queen Street, Auckland

One-Hundred and Fifty-Seventh

Respondent

Westpac New Zealand Limited,
Westpac on Takutai Square, 53 Galway Street, Auckland

One-Hundred and Fifty-Eighth

Respondent

Kiwibank Limited, Level 9, 20 Customhouse Quay, Wellington

One-Hundred and Fifty-Ninth Respondent

Basecorp Finance Limited, 467 Anglesea Street, Hamilton

One-Hundred and Sixtieth Respondent

ASB Bank Limited, Level 2, ASB North Wharf, 12 Jellicoe Street, Auckland

One-Hundred and Sixty-First Respondent

Chubb Insurance NZ Limited, Cu-1-3, Shed 24, Prices Wharf, Auckland

One-Hundred and Sixty-Second Respondent

Helena Theodora Surynt-Hamlin, mortgagee of Unit 14F, 14 Waterloo Quadrant, Auckland Central, 1010

One-Hundred and Sixty-Third Respondent

Graham John Stuart Law, mortgagee of Unit 14F,

14  Waterloo Quadrant, Auckland Central, 1010