Body Corporate 340669 v Brown

[2015] NZHC 202

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2014-409-000874 [2015] NZHC 202

BETWEEN

BODY CORPORATE 340669

Applicant

AND

IAN  DOUGLAS BROWN GABRIELLE BROWN RUSSELL FORWARD CHRISTOPHER HARDY DAVID  RICHARD JACKSON JULIE JOHNSTON

TODD JOHNSTON

MARY HELEN LIVINGSTONE DEANE MORETON

RUDOLF HERMANN NORDT TONY ORR

PAULA TRACEY RAINE ADRIAN RAINE

WINN RENISON PERRI RENISON

GARY MICHAELSTILL MARILYN STILL

CLASSIC CAR EXPERIENCE LIMITED SHELF HOLDINGS LIMITED

CHESTER TRUST

BLEWBURY ESTATES LIMITED BLOCKLEY FAMILY TRUST DANCOBOY INVESTMENTS LIMITED CHRYSTALL HOLDINGS LIMITED ARCHITETTO LIMITED

THE ECURB TRUST

KAIROS PROPERTIES LIMITED SLIGO TRUST

OCEANZ LIMITED Respondents

Hearing:	18 February 2015
Appearances:	K N Noble for Applicant No Appearance for Respondents
Judgment:	18 February 2015

BODY CORPORATE 340669 v BROWN [2015] NZHC 202 [18 February 2015]

JUDGMENT OF GENDALL J

[1]      Before the Court is an application by this Body Corporate under s 74 of the Unit Titles Act 2010 to settle a scheme of repair in a situation where the Unit Plan is not cancelled.

[2]      As I understand it from material before the Court there will be a surplus of insurance monies from an insurance settlement relating to the property concerned and it is not intended to distribute surplus funds to the Body Corporate proprietors as is contemplated by s 131 of the Act.

[3]      The proceedings before the Court are filed to:

(a)       Adopt a repair programme, details of which are covered in a contract with Contract Holdings Limited; and

(b)To retain the balance of insurance monies not expended to the credit of the Body Corporate.

[4]      All proprietors with respect to this Body Corporate have been appropriately served with documentation in this matter and the material before the Court confirms that the scheme of repair which has been submitted for approval by the Court is that which was adopted by the Body Corporate at a meeting called for that purpose.

[5]      As I have indicated, all the proprietors have been appropriately served.  No objection to the application or notice has been received from those proprietors.

[6]      That said, I am satisfied that the orders sought in this application can be made.

[7]      An order is now made in terms of the application filed by the applicant Body

Corporate 340669 in this proceeding, that application being dated 2 December 2014.

[8]      As I understand it, there is no issue as to costs in this matter.  No order for costs is made.

...................................................

Gendall J

Solicitors:

Williams & Co, Christchurch

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