| IN THE SUPREME COURT OF NEW ZEALAND I TE KŌTI MANA NUI O AOTEAROA |
| SC 116/2025 [2025] NZSC 172 |
| BETWEEN | ANDREW ALEXANDER DOUGLAS, IAN STUART PETRY, LEONARD ELLSWORTH KURPUIS AND JOHN FRANCIS MATHER |
| AND | BODY CORPORATE 102029 |
| Court: | Glazebrook, Ellen France and Williams JJ |
Counsel: | P J K Spring for Applicants |
Judgment: | 21 November 2025 |
JUDGMENT OF THE COURT
AThe application for leave to appeal is dismissed.
B The applicants must pay the second to fifth respondents one set of costs of $2,500.
____________________________________________________________________
REASONS
Introduction
The applicants seek leave to appeal against a judgment of the Court of Appeal.[1] The proposed appeal concerns a unit title development built in 1984. The applicants, who are resident owners, hold the stratum estate for three of the units. The second to fifth respondents, who hold their units as investments, own the other four. It is common ground that the units are essentially not habitable and are unable to be repaired. The problems have been evident for some 10 years. The options now identified are rebuilding (the applicants favour this option) or cancelling the unit plan and making an order for sale (the respondents favour this option).
[1]Douglas v Body Corporate 102029 [2025] NZCA 358 (Woolford, Jagose and Powell JJ) [CA judgment].
A court-appointed administrator, in a March 2024 report, recommended that the better option for the owners was to demolish and rebuild. The respondents did not agree with the recommendation, pointing to the risk and uncertainty associated with a rebuild. They said they were not in a position to raise finance for the rebuild and that they would be forced to sell their units. The respondents commissioned a further report (the Levie report) which concluded a collective sale was the better option. The administrator provided an addendum to his report analysing the Levie report and reiterating his previous recommendation.
The applicants then applied to the High Court for cancellation of the unit plan under s 188 of the Unit Titles Act 2010 and an order for sale under s 339 of the Property Law Act 2007. The respondents applied for an order under s 74 of the Unit Titles Act for the Court to approve a scheme for reinstatement.
The High Court decision
In the High Court, in an interim judgment of 6 December 2024, Anderson J made an order under s 188 of the Unit Titles Act cancelling the unit plan and made a sale order under s 339 of the Property Law Act.[2]
[2]Douglas v Body Corporate 102029 [2024] NZHC 3695, [2025] 2 NZLR 438 (Anderson J) [HC interim judgment]. This judgment has since been made final: Douglas v Body Corporate 102029 [2025] NZHC 983 (Anderson J).
In brief, the Judge considered that there was a greater risk of a worse…
Keep reading for free
Create a free CaseChat account to read Douglas v Body Corporate 102029 and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2025] NZSC 172
- Decision Date
CaseChat Overview and Summary
The court found that none of the alleged errors of law had the potential to change the outcome of the case. The court noted that the decision related to the particular facts and circumstances of the case and was not of general or public importance. The court also found that there was no evidence of a miscarriage of justice. The court concluded that the applicants had not demonstrated that any of the alleged errors of law had the potential to change the outcome of the case. The court dismissed the application for leave to appeal and ordered the applicants to pay the second to fifth respondents one set of costs of $2,500.
The court found that the Court of Appeal's decision was correct and that the High Court's order cancelling the unit plan and ordering a sale was just and equitable. The court noted that the Court of Appeal had considered the evidence and had concluded that the rebuild scenario had a greater risk of a worse outcome. The court also found that the Court of Appeal had correctly applied the Unit Titles Act and had not misapplied the statutory purpose of the Act. The court concluded that the applicants had not demonstrated that any of the alleged errors of law had the potential to change the outcome of the case. The court dismissed the application for leave to appeal and ordered the applicants to pay the second to fifth respondents one set of costs of $2,500.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.