CBD Investments (NZ) Limited v Body Corporate 095035

[2014] NZHC 455

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2013-404-004867 [2014] NZHC 455

UNDER  the Unit Titles Act 2010 and Part 19 of the

High Court Rules

IN THE MATTER             of an application for the settling of a scheme in respect of the Endeans Building

BETWEEN  CBD INVESTMENTS (NZ) LIMITED Applicant

AND  BODY CORPORATE 095035

First Respondent

RONG YU CHANG, KAN HSIN HUNG CHANG and KENNETH AH KEN KOO Second Respondents

MARK DANIEL WATSON Third Respondent

JAMES TIMOTHY JEPSON, RHONDA CHANTELL HELLENA NGAPOKO MAKAPELU and WRMK TRUSTEES (2013) LIMITED

Fourth Respondents

ROGER HAMILTON STEWART Fifth Respondent

JANE ELIZABETH MANTELL and JONATHAN MARCHANT MANTELL Sixth Respondents

DOMUS PROPERTY INVESTMENT LIMITED

Seventh Respondent

JING GANG WANG Eighth Respondent

MARK FRANCIS SMITH, BRIDGETTE ANN FRANKLIN and DOMINION LAW TRUSTEE COMPANY LIMITED

Ninth Respondents

CBD INVESTMENTS (NZ) LTD v BODY CORPORATE 095035 [2014] NZHC 455 [13 March 2014]

BARRY MARSH Tenth Respondent

CLAYTON JOHN HILLS and MICHELLE YVETTE WILSON Eleventh Respondents

LLOYD MARK GILMORE and GRANT JAMES FOX

Twelfth Respondents

RICHARD FRED ACKE Thirteenth Respondent

MARILYN LOIS REYNOLDS Fourteenth Respondent

PROPERT-ABILITY LIMITED Fifteenth Respondent

MUHAMMAD SHAHRIR BIN MUHAMAD ARIFF and GEOK LEE YEO

Sixteenth Respondents

JONOTHAN NORRIS BRISCOE and PATRICIA ANNE BRISCOE Seventeenth Respondents

IAN ASHSLEY PAUL MILLS and ANNETTE JOAN MILLS Eighteenth Respondents

VANESSA JEANNE JEANDIN Nineteenth Respondent

HARRY ROY LAW and SUK CHING LIAUW

Twentieth Respondents

ANNE ELIZABETH MOLLOY and

BRIEN HERBERT CREE Twenty-first Respondents

LINDA MARGARET BRADY and
BARRY MARSH
Twenty-second Respondents

DARCEY ROSE and WARREN NEIL HARGREAVES

Twenty-third Respondents

NOEL ALLAN PLAYLE and MARGARET PLAYLE Twenty-fourth Respondents

PATRICIA ANNE NELSON Twenty-fifth Respondent

FLOTSAM LIMITED Twenty-sixth Respondent

MICHELLE JOY O'HALLORAN and
KELVIN HILL
Twenty-seventh Respondents

MALCOLM CRAIG SMELLIE, ROBERT PHILIP SMELLIE and LYNDSAY ANN SMELLIE Twenty-eighth Respondents

TAN CORPORATE TRUSTEE LIMITED Twenty-ninth Respondent

GABRIELLE THERESE WILSON, MICHAEL ERIC MARRIS and TRUSTS SB LIMITED

Thirtieth Respondents

ROSS NEVIN JOHNSON Thirty-first Respondent

Hearing:                   (On the papers)

Appearances:           S A Grant and B R Saldanha for Applicant

M Marris for 17th and 27th to 30th Respondents

Judgment:                13 March 2014

FINAL JUDGMENT OF VENNING J

This judgment was delivered by me on 13 March 2014 at 3.30 pm, pursuant to Rule 11.5 of the High

Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors:           Macky Roberton, Auckland

Copy to:            S A Grant, Auckland

B R Saldanha, Auckland

M Marris, Auckland

[1]      On 5 February 2014 the Court delivered an interim judgment.  The interim judgment reserved leave to the parties to apply further on 48 hours notice.

[2]     Following delivery of the judgment counsel for the applicant filed a memorandum seeking orders confirming the draft scheme discussed in the judgment as amended in attachment to the memorandum and dealing with costs.   That memorandum was met with a memorandum in reply by the 17th  and 27th  to 30th respondents (the respondents).  The respondents raised a number of matters of detail in relation to the terms of the final scheme.

[3]      Counsel for the applicants then responded with a memorandum filed on 6

March 2014 confirming that the applicant accepted the points made by the respondents.

[4]      The  file  was  referred  to  me  on  12  March  2014.    Having  reviewed  the memoranda exchanged I confirm that the proposed scheme as now amended and attached to the memorandum on behalf of the applicant dated 5 March 2014, (filed 6

March 2014), is in accordance with the terms and intent of the interim judgment. [5]           I therefore make orders:

(a)       approving the draft scheme attached as “C” to the memorandum dated

5 March 2014 (filed 6 March 2014) pursuant to s 74 Unit Titles Act

2010; and

(b)directing that the costs of this application are to be paid in accordance with the scheme percentages in the sums of $43,569.75 and $805.00 in accordance with the costs attached to CBD’s memorandum of 17

February 2014 and Mr Marris’ memorandum of 20 February 2014.

Venning J