Body Corporate 346799

[2013] NZHC 3335

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-007730 [2013] NZHC 3335

UNDER  the Unit Titles Act 2010

BETWEEN  BODY CORPORATE 346799

Applicant

Hearing:                   12 December 2013

Appearances:           L Cooney for applicant

Judgment:                12 December 2013

JUDGMENT OF LANG J

[on application for settling scheme under s 74 of the Unit Titles Act 2010]

This judgment was delivered by me on 12 December 2013 at 4 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

BODY CORPORATE 346799 [2013] NZHC 3335 [12 December 2013]

[1]      Body Corporate 346799 (“the Body Corporate”) has applied for an order under s 74 of the Unit Titles Act 2010 settling a scheme that will enable the Body Corporate to undertake repairs to an apartment building that it owns in Central Auckland.   The building has significant building defects, and requires substantial remedial work to be carried out.

[2]      The building contains 203 units.  199 unit owners have been served with the proceeding, and none have indicated opposition to the proposed scheme.   Earlier today, I made an order dispensing with service of the proceeding on one of the remaining owners on the basis that he has effectively abandoned his apartment.  He has not paid Body Corporate levies since November 2010.   I also made further orders authorising substituted service by email on the remaining three unit owners who had not been served.  Service by email has already been effected on those unit owners, and affidavits of service are on the file. None has opposed the application.

[3]      As a result, the Court is in a position to determine the substantive application.

[4]      There can be no doubt that the proposed scheme will benefit both the Body Corporate and the individual unit owners, because it is essential that the proposed repairs be carried out.  The scheme will enable the building contractors tasked with carrying out the remedial work to deal solely with the Body Corporate in relation to all aspects of that work.  The Body Corporate will thereby be in a position to ensure that a consistent standard of work is effected in respect of both the common property and individual units. The scheme will also prescribe the manner in which proprietors will be levied for the remedial work.

[5]      I am therefore satisfied that it is appropriate to make an order settling the proposed scheme under s 74 of the Unit Titles Act 2010.  I make orders in terms of

the draft order submitted to the Court.

Lang J

Solicitors:

Grimshaw & Co, Auckland