IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGĀREI TERENGA PARĀOA ROHE
CIV-2016-488-94 [2017] NZHC 2948
BETWEEN BODY CORPORATE 234525
Plaintiff
AND
ROBYN CATHLEEN STENT First Defendant
CLARRIE LAWENCE SMALL and KM TRUSTEE SERVICES LIMITED
Second Defendants
ANTHONY JOHN BUTCHER and
RUTH BARBARA ROGERS Third Defendants
IVOR ANTONY MILLIINGTON Fourth Defendant
NEVILLE EADE Fifth Defendant
Hearing: 29 November 2017 at 9:30am Appearances:
TJG Allan and S Powrie for the Plaintiff
B E Brill for the DefendantsJudgment:
29 November 2017
[ORAL] JUDGMENT (No.3) OF ASSOCIATE JUDGE R M BELL
Solicitors:
Grove Darlow, Auckland, for the Plaintiff
Barry E Brill Limited, Paihia, for the Defendants
BODY CORPORATE 234525 v STENT [2017] NZHC 2948 [29 November 2017]
Recall application
[1] On 21 November 2017, I gave judgment on the body corporate’s summary judgment application in its claim for unpaid levies.1 I gave the body corporate judgment for levies SL4, SL6 and SL7. The first defendant was not required to pay levies SL4 and SL6 as she had already paid them. I struck out the body corporate’s claim for SL1. I dismissed the body corporate’s summary judgment application for SL8. I directed a hearing for today to fix the amounts of levies payable by each defendant, the interest payable by each defendant, costs payable by the defendants, to enter judgment, and give any related directions.
[2] The body corporate has applied for recall of that part of my judgment where I dismissed its application for summary judgment for levy SL8. It relies on two matters – the procedural history of the proceeding and a resolution passed at an annual general meeting of the body corporate on 29 January 2017, the Saturday before the hearing of the summary judgment application which started on Thursday 2 February 2017.
[3] In my judgment of 21 November 2017, I recorded that the other levies in issue had either been made at general meetings or had been ratified at general meetings. SL8 was made by the body corporate committee under delegated authority. It was not made in a general meeting and had not been ratified. The defendants challenged the decision of the committee, saying that it was required to have a physical meeting whereas the decision to impose the levy had been made by an exchange of emails between
Mr Leishman of Boutique Body Corporates Ltd and the members of the committee.
[4] I dealt with that in paragraphs [93]-[115] of my decision. I accepted that it was open to a body corporate committee with delegated authority to carry on its business other than by meeting at one place at the same time. But I was not satisfied, for summary judgment purposes, that a levy resolution was properly passed in accordance with ss 104 and 109 of the Unit Titles Act and with the Unit Titles Regulations – see paragraph [108]
of my decision.
[5] Those reasons extended…
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