Chuan Wu v Body Corporate 366611 and Theta Management Limited

[2013] NZSC 46

IN THE Supreme Court OF New Zealand

SC 20/2013

[2013] NZSC 46

BETWEENCHUAN WU
Applicant

ANDBODY CORPORATE 366611
First Respondent

ANDTHETA MANAGEMENT LIMITED
Second Respondent

Court:William Young and Chambers JJ

Counsel:B P Rooney for Applicant
N R W Davidson QC for Respondents

Judgment:3 May 2013

JUDGMENT OF THE COURT

Leave to appeal and cross appeal is granted.The approved questions are:

(a)Are the Body Corporate and Theta liable in nuisance and if so on what basis?

(b)What, if any orders, are appropriate as to damages?

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Solicitors:

James Keat, Auckland for Applicant

Clendons, Auckland for Respondents