Body Corporate 194736 v Pala

[2016] NZHC 674

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2015-404-2791 [2016] NZHC 674

UNDER

the Unit Titles Act 2010

IN THE MATTER

of an originating application for orders establishing a scheme under section 74 of the Unit Titles Act 2010

BETWEEN

BODY CORPORATE 194736
First Applicant

ANTHONY MICHAEL ZINSLI Second Applicant

AND

RAMESH PALA AND RUNUKA BEN First Respondents

CHRISTINA CHINDIT MANSON Second Respondent

ANDREW NIGEL KIRKPATICK Third Respondent

Hearing:	13 April 2016
Counsel:	PK McGrath for applicants No other appearances
Judgment:	13 April 2016

(ORAL) JUDGMENT OF FAIRE J

Solicitors:           KP Legal, Auckland (K Poole)

Body Corporate 194736 v Pala [2016] NZHC 674 [13 April 2016]

[1]      The Body Corporate and its chairperson apply for an order under s 74 of the Unit Titles Act 2010, settling a scheme governing repairs to “John Jennings” Unit Title complex at Fields Parade, Oteha.

[2]      Service has been effected on all respondents in accordance with orders made by Palmer J on 30 November 2015.

[3]      No steps have been taken by the respondents to oppose the application.

[4]      Counsel for the applicants has filed a comprehensive memorandum, dated

31 March 2016.   I have carefully considered it.   It provides justification for the orders sought.  I therefore adopt it.

[5]      Accordingly, I order in terms of paragraph 1.1 as moved.

JA Faire J