Grimshaw & Co v Body Corporate 207624

Case •

[2016] NZHC 715

•

18 April 2016

No judgment structure available for this case.

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2014-404-2493 [2016] NZHC 715

IN THE MATTER

of an interpleader application under Ruels

4.58 and 4.63 of the High Court Rules

BETWEEN

GRIMSHAW & CO Plaintiff

AND

BODY CORPORATE 207624
First Defendant

………………………………….……………………/continued
Hearing: 18 April 2016

Counsel:

ML Greenhalgh and EM Baars for plaintiff
MC Harris and OL Ostrovsky for first defendant
No appearance for 3rd, 9th, 11th to 15th , 17th, 22nd to 31st,

35th to 38th, 40th, 44th to 46th, 49th & 50th, 55th, 57th
& 58th, 60th & 61st, 63rd, 66th to 69th, 70th, 73rd &
74th, 78th & 79th, 82nd, 86th to 92nd, 94th to 96th,
98th & 99th, 101st, 103rd & 104th; 108th & 109th,
112nd, 114th &115th, 117th, 122nd, 124th to 126th,
128th to 131st, 133rd to 135th and 176th defendants

PM Hunter for 106th, 187th and 189th  defendants and for the owners of Units 306, 508, 612, 712, 707, 811, 901,

1104, 1208, 1301, 1413,1502, 1511, 1513, 1709, 1714,
1801, 1802, 1809, 1811, 1813, 1901, 1907 and 1213

AR Nicholls for 121st, 140th, 142nd to 154th, 156th & 157th,

160th & 161st, 163rd, 166th to 171st, and 177th &
178th defendants

PT Finnigan for owners and former owners of Units 303 and

513

Judgment:

18 April 2016

(ORAL) JUDGMENT OF FAIRE J

Grimshaw & Co v Body Corporate 207624 [2016] NZHC 715 [18 April 2016]

MOCLES HOLDINGS LIMITED Second Defendant

Current owners who claimed repair costs in the proceedings

JOHN GILBERT HAWKSLEY and HEATHER

ANN HAWKSLEY; CHIA LU SYLVIA CHEN; PETER FREDERICK SMITH and ROBYN DENISE GRACE; HERMES THAMRIN;

SWEE CHEONG KWAN and LEE LENG TAN; PO YEE HO; ROGER DAVID CONDER, VICTORIA JANE CONDER and ROBERT MALCOLM TRUSTEE CO LIMITED as trustees of the RSTV TRUST; DONALD HUTCHINSON, KATHRYN HUTCHINSON and U M K TRUSTEE CO LIMITED;

MURRAY REX GARDINER  and PAMELA HELEN GARDINER; VICTOR LY SAO; MEI SIN WONG and KANG WEI TAN; SI KIM GORDEN YEO and NYET FONG HO; MICHAEL DAVID WILLIAMS; SYED FADZIL BIN SYED AHMAD and NUR ALIZA LEE BINTI ABDULLAH; JOHN SINCLAIR DOWNER, JILL HERMIONE DOWNER and LISTON TRUSTEE SERVICES LTD; PING SUM FONG; PETER HUGH JOHNSON and MARGARETHA MARIA JOHNSON; ROGER WILLIAM HANDISIDES; STUART ILLINGWORTH and DIANE ELIZABETH ILLINGWORTH; BARREYATT INVESTMENTS LIMITED; PETER FREDERICK COLE and STEFFIN COLE; MICHEL CHUNGUE; NATHANIEL JOHN FORTE, JENNIFER DORIS ATKINSON, MURRAY REGINALD ROBERTSON AND EDITH BARBARA MAY ROBERTSON as trustees of the MR AND EBM ROBERTSON FAMILY TRUSTS PARTNERSHP; METROPORTEM ELECTRIC NEW ZEALAND LIMITED; SIMON JOHN KENDRICK and LINDA MICHELLE KENDRICK; ROGER LOSSING; RALPH ALLEN DAVIS and EVAR DAVIS; HTUNN MYINT LATT; JOHN FRAZER MURRAY;

MATTHEW RISHA JEYAM; MALCOLM TIEN PHO ONG; LIONEL CHOON HOCK ONG and BETTY NEE KHO KEW ANG ONG; RAMESH LALOO BHOOLA; LANDVEST PROPERTIES LIMITED; KIM SENG CHUAH; BRUCE FRANK FORWARD and DOROTHY

PATRICIA FORWARD; CHI WAH NG and YING CHOI; STEPHANIE LOUISA KERRIDGE; CHUN YING SAMUEL YUEN and WAI VIOLET CHOY; ANNE FRANCES BRUNTON; JOHN HOLLAND PERCY WEBBER, MARY ANNE LUCY WEBBER, CLIFFORD JOHN WEBBER and MICHAEL PETER HALL; JANNETTE DOREEN MCCARTY; ROSS ALFRED DICKINSON, MARGARET CHRISTINE DICKINSON and PETER EDWARD NEWFIELD; SAM KOW WONG and LAI CHIN LOONG; EK MENG HONG; CITYWIDE ELECTRICAL SERVICES LIMITED; KAREN LEA RICHARDSON and WORCESTER TRUSTEE SERVICES

LIMITED as trustees of the KAMEO TRUST; SOLEMAR AND STONE LIMITED; NICHOLAS JOHN GREEN and MARNIE JAYNE GREEN; RICHARD WILLIAM BAMFORD and HALA MOHAMED ATEF ABDEL-HAMID; ERIC KAH SHIN CHONG; BILJANA ANDONOSKA; STEPHANIE ANN SLYFIELD and BARBARA JOHNSON as trustees of the SLYFIELD FAMILY TRUST; CECILIA CHING YEE CHEUNG; JOHN DOUGLAS MANNION, ANNA-MARIA CHRISTINA MANNION and SUSAN FRANCES O’NEILL as trustees of the JOHAN AND ANNA-MARIA MANNION FAMILY TRUST; STUART WILLIAM SAUNDERS and ELIZABETH HILARY SAUNDERS; SWEE CHEONG KWAN and LEE LENG TAN; ROBERT TECKSON KHOO and ROSEMARY SOHCHUN YONG; FOO LEONG WONG; NICOLA JOY COX; NIGEL LUSCOMBE and BRENDA CHRISTINE LUSCOMBE; DIRK BERNHARD VAN DER SHEER, EDITH VAN DER SHEER and EDGAR RONALD HAWKES as trustees of the DICK AND EDITH VAN DER SHEER FAMILY TRUST; SHUNG HEI TANG; SIMON GUY UPTON, HAN KYUNG-MI and JOHN M VINCENT TRUSTEE CO LIMITED

as trustees of the HANTON INVESTMENTS (NZ) TRUST; KIM TEE CHUA; SANDRA MCKERSEY and RT MCKERSEY BUSINESS TRUSTEES LIMITED; ISHY MAHARAJ TRUSTEES LIMITED; MARK EDWARD INVESTMENTS CO LIMITED; ROBERT JOHN NIXON and PAUL JAMES NIXON (assignors), DAVID ARTHUR NIXON and

MARIE ELIZABETH NIXON as trustees of the NIXON FAMILY TRUST (assignees); DAVID ARTHUR NIXON and MARIE ELIZABETH NIXON as trustees of the NIXON FAMILY TRUST; LYNETTE AULICK and RALPH AULICK; ANDREW PATERSON and KATHRYN MARY PATERSON; TONG BOR TANG and GRACE CHANG; KEVIN JOHN WILLIAMS and JULIETA MARIE WILLIAMS; BRUCE MCGREGOR FRASER and JANE EDITH FRASER; RAJINDER PAUL AGNIHOTRI and USHA RANI AGNIHOTRI; HOCK LEONG KOH and LIANG CHIP MAVIS TAN; DENNIS NORMAN SEARCHFIELD, ANTHEA SEARCHFIELD and STEPHEN JAMES TEE; CHRISTINA YUN-YUAN

WANG; LENG HUA TAY; KIAN YEOW ANDREW ANG and SIONG HOON CHUA; MIANG SER KELVIN TAN, MIANG KUAN DENNIS TAN and MARGARET TEO; WAT CHUN KEUNG and MAK SAU LING; BRUCVE SIDNEY BUCHAN, MARGARET EUNICE BUCHAN and CATHERINE ANN ATCHISON as trustees of the BSB FAMILY TRUST and the MEB FAMILTY TRUST; JOHN GEORGE MACKLOW DE VERE, ANGELIKA DE VERE and JOHN M VINCENT TRUSTEE CO LIMITED as trustees of the DE VERE FAMILY TRUST; DEREK STANLEY THOMAS; THIAM WEE LEE and SOCK KUAN LAI; RONALD MCEWAN and JOAN MCEWAN; ERNEST CHUNGUE and LYDIE CHUNGUE; MICHAEL GEORGE HOLUBOWSKYJ and PIK FUNG HOLUBOWSKYJ; DONALD BLAIR WEBSTER; PEGGY PIK-YU CHAN; BRIAN RENE GAY DUFFY and CAROLE ISABEL DUFFY; VALERIE FEARON, TONI LOUISE FEARON, KATE ELIZABETH FEARON and JOHN ROBIN HOLMES as trustees of the GNV TRUST; HILARY NINA CHIDLOW; GARY CLAUDE HANDLEY, STEPHANIE MARJORIE HANDLEY, PATRICIA ANNE MOORE and S W TRUST SERVICES

LIMITED as trustees of the SM HANDLEY FAMILY TRUST and the NORTHUMBERLAND TRUST; SECK KONG WAN and BERNADETTE HEWEE KENG LEE; DANIEL JAMES LOGUE, KAREN ANN LOGUE and BRETT ANTHONY NORRIS as

trustees of the LONG BAY TRUST; LEONARD ARIFF ABDUL SHATAR and ELAINE BEE LIAN SAW; LI LI TAN and TSUEY LING HOW; SIEW CHONG GOH, MOH TEE CHIANG and KHIM YEEN GOH; ALAN BRUCE REID and JEANNETTE RHONDDA REID; ALFRED DAUDET LEOGITE and JULIENNE BERNADETTE LEOGITE; PATRICIA ANNE MOORE; TREVOR KENNETH MCMIKEN and GAYLENE IRIS MCMIKEN; JEAN LAI WOA; JAN ELMER MEIJER; COUNTRY LIFE LIMITED; LYDFORD INVESTMENTS LIMITED; CHEE CHONG YIM; IAIN MARK GRIST and KAREN ANN TRIGGS; KING SUN CHU; IVAN YIU KWOK LEE and LAI MING LEE; PETER SENG YAP, JAMES ANTHONY LISLE and JULIA SARAH MARGARET VICTORIA LISLE; TENG KOK TAY and AH PANG TAN;

LILIANE LAINE-MUTLU; ROBIN DOUGLAS SOMERVILLE; ALLISON ELIZABETH SOMERVILLE and WYNYARD WOOD TRUSTEE SERVICES LIMITED as trustees of the SOMERVILLE FAMILY TRUST; ANNE ELIZABETH LETHABY and ANGUS JAME BRODIE; RAYMOND CHONG and PAULINE JANICE CHONG; CHRISTOPHER DODSON TAYLOR, JENNIFER ANNE TAYLOR and MALCOLM DAVID WHITLOCK as trustees of the ROLYAT FAMILY TRUST; GENESIS ALPHA INCORPORATED; CHIN YUE CHERRY POON; KUMARAN NAIR; GREGORY SHAUN SWEENEY, SUSANNE ALEXANDRA SWEENEY and BRENT ALEXANDER JOHN TAYLOR as trustees of

the SWEENEY FAMILY TRUST; JIAN ZHONG ZHANG; SIMON YU LUN WONG; SIEW HOON NG; CHRISTOPHER MANYWEATHERS; OWEN SYDNEY METE, PATRICIA LEE METE and BRUCE CHARLES D’YOUNG; MERVYN COATES and ADRIENNE COATES; M M SPENCER LIMITED; V C LIMITED; PETER FREDERICK SMITH and IAN JAMES SMITH as trustees of the STARLIGHT TRUST; IAN ROBERT HENDRY, ANTHONY CLIVE SANDLANT and ERICH BACHMANN as trustees of the GLENCAIRN TRUST; KEVIN CHRISTOPHER BYRNE, FRANCES MARY BYRNE and MICHAEL GRANT RING as

trustees of the BYRNE FAMILY TRUST; REBNIK PROPERTIES LIMITED;

Former owners who claimed loss on sale in the proceedings

BARRY ALFRED LYNCH; KENNETH JOHN

BEUKEMA; TERENCE JOSEPH CARTER and

KAYE MAREE CARTER;  PAUL LISSOUX and BLANDINE SINE LISSOUX; PHILLIP KENNETH HULME and MARGARET HULME; HARRY CLIVE KELLY; YON YI SOHN; ALICK NICHOLS WILSON and JACQUELINE MAY WILSON; GRAHAM JOHN CROSS, WINSOME PATRICIA CROSS and CHRISTOPHER JOHN DAVIS; BUCHAN ESTATE LIMITED; JANICE WARD and HUGH OWEN COONEY; RUNDLE INVESTMENTS LIMITED; TERRENCE FREDERICK CONDON and RAEWYN DELL CONDON; MAURICE JOSEPH BATEY and KAYLEEN JOY BATEY; MAREE CHATERINE HOOD; JOHN PAUL ALLEN; COLIN ALEXANDER BUCHANAN and DOROTHEA FRERIQUE BUCHANAN; ALEXANDER WILLIAM STEWART and JOANNE STEWART; JOHN HIGH GRAY and SHIRLEY RAE GRAY; SEVEN CHOR-HUNG LEUNG, ALAINE KAREN BRADSHAW and FISHER PARTNERS TRUSTEES LIMITED; MURRAY MACKAY HING; LINDA IRENE

DALBETH and GRAEME JOHN HILL; KEVIN JOHN PLUMMER and M & H TRUSTEE SERVICES LIMITED; SAXON SEIN and CANDY SEIN; ALAN MILLAR PARKER, MERVYN PAUL HUXFORD and CLARISSA WILLIAMS PARKER; DALVE PARETOVICH, NERIDA MARIE BARTLETT and MURRAY ALAN HILDER; WENDY ORMOND; ROSEMARY AURA BLACK, BRIAR POOLE- RASMUSSEN and WESTON CLYDE COLSON as trustees of the ROSEMARY BLACK

FAMILY TRUST; ALLAN RICHARD NICHOLAS and BRUCE RAYMOND SHEPPARD; MICHAEL ALAN HALL and JUNE LORRAINE HALL; ROBERT JOHN HENDERSON and OI FAN FANNY LAI; SIMON GUY UPTON, HAN KYHUNG-MI and JOHN M VINCENT TRUSTEE CO LIMITED

as trustees of the HANTON INVESTMENTS

(NZ) TRUST; FORTUNE HOLDINGS LIMITED

Former owners who were second plaintiffs and claimed repair costs in the proceedings and transferred their units after 10 October 2013

GROSE INVESTMENTS LIMITED; KANTI

DAYA BHOOLA; LUSY SUNOSO; DHANESHWAR MAHARAJ, HEMCHUND GANESSUNKER MAHARAJ and HEMSUNKER MAHARAJ; KOK SENG CHUA and GEOK KWAN QUEK; R S J P INVESTMENTS LIMITED; JAMES WEBLEY and JO-ANN DAY; KOWHAI PROPERTY INVESTMENTS LIMITED; ALGAR APARTMENTS LIMITED; KOK KENG

LAWRENCE TAN and MENG KUANG ELLEN LIAO

Current owners who purchased from second plaintiffs who claimed repair costs in the proceedings and took title after 10 October 2013

XIAO LI LIU; WILLIAM NEIL LOWN,

SARAH LOWN and MATTHEW LOWN; BUSINESS ADMINISTRATION SERVICES LIMITED; ISHY MARHARAJ TRUSTEE LIMITED; KEVEN ANDREW SCHWASS and JOHN RICHARD HELLEBREKERS; KEVIN LIONEL ERCEG And JULIE ELIZA ERCEG; STEPHEN MAURICE PHILLIPS and ANDREW ADDISON WALTER; KOWHAI PROPERTY INVESTMENTS LIMITED; GILBERT DOUGLAS JAMES and ANNE JAMES; and WAYNE CLEVERLY TARRANT

[1]      The plaintiff, Grimshaw & Company, were at all material times the solicitors instructed by the Body Corporate and Unit owners of the Spencer on Byron Unit Title development in Takapuna Auckland, in respect of losses alleged to have been caused by the negligence of parties involved in the construction of the 255 unit complex.

[2]      The proceedings settled.   Grimshaw & Company apply pursuant to Part 4

Subpart 10 of the High Court Rules (interpleader) for orders sanctioning the distribution of the settlement funds received by them.

[3]      I am grateful to all counsel and, in particular, Mr Harris counsel for the Body Corporate, for providing the court with a comprehensive memorandum which sets out the background, the reasons for the orders now sought and with one or two adjustments, the particular orders that are sought.

[4]      His memorandum of 15 April, however, must be read in conjunction with a supplemental memorandum dated 18 April.  His memorandum of 15 April I adopt save for the deletions I have made to paragraphs 37, 38 and 41.  They are replaced, for the reasons set out in the supplemental memorandum.

[5]      The formal orders and directions that I now make are set out in paragraph 5 of the supplemental memorandum, subject to one change, which I make to paragraph

5(3)(iv), so that the figure reads $46,082.02.

JA Faire J

Solicitors:           Grimshaw & Co, Auckland

Gilbert Walker, Auckland

Price Baker Berridge, Auckland
Simpson Western, Auckland

Edwards Clark Dickie, Auckland

And to:              Cook Morris Quinn, Auckland (DCS Morris)

In the High Court of New Zealand

Auckland Registry

CIV-2014-404-2493

In the matter of  Spencer on Byron Interpleader

Between  Grimshaw & Co

Plaintiff

And  Body Corporate 207624 & O’rs

Defendants

MEMORANDUM ON BEHALF OF THE BODY CORPORATE

SEEKING FINAL DISTRIBUTION ORDERS

Dated 15 April 2016

Next event:             Case management conference Next event date:     18 April 2016 at 9:00am Judicial Officer:    Faire J

Gilbert/Walker  9

Level 31, Vero Centre
48 Shortland Street

P O Box 1595

DX CP20524

Telephone: 374 1100
Facsimile: 374 1111

Solicitor Acting: M C Harris

MEMORANDUM ON BEHALF OF THE BODY CORPORATE

SEEKING FINAL DISTRIBUTION ORDERS

May it please the Court:

1.The Body Corporate now applies for orders as to the distribution of the balance of the settlement funds held by Grimshaw & Co.   This memorandum sets out the reasons for the orders sought.

The genesis of this proceeding

2.This  proceeding  concerns  rights  to  the  proceeds  of  settling  litigation brought by the owners of the Spencer on Byron unit title development in Takapuna for losses alleged to have been caused by the negligence of parties   involved   in   construction   of   the   255-unit   complex.      The background is described in the affidavits of Mr Lewis and Mr Khoo.1

3.The  Spencer  on  Byron  litigation  commenced  in  2007.     The  Body Corporate (the first defendant in this proceeding) was the first plaintiff.  It sued in respect of damage to the common property.  Over the following years more than 200 individual unit owners joined the proceeding as second plaintiffs.

4.The  litigation  was  finally  settled  in  December  2013  on  the  basis  of payments by various defendants totalling $20,050,000.   In each case a single, global sum was paid to settle all claims.  No part of any payment was specifically allocated to the Body Corporate or any second plaintiff.

5.     The Body Corporate and second plaintiffs were parties to a June 2010

Conduct and Distribution Agreement that purported to govern the funding of the litigation and the distribution and application of any settlement or judgment proceeds.2

6.The  June  2010  agreement  provided  for  all  litigation  proceeds  to  be divided among the second plaintiffs on the basis of their unit entitlement (by adjusting their individual unit entitlements pro rata up to 100%).

1 Sworn 19 September 2014 and 26 March 2015 respectively.

2  Affidavit of Gareth Lewis 19 September 2014 at [14]; affidavit of Robert Khoo 26

March 2015 at [11].

Proceeds were to be paid to the Body Corporate and disbursed against the second plaintiffs’ liability to meet remediation costs.  The agreement was entered into when all second plaintiffs were suing for repair costs. It made no alternative provision for second plaintiffs who might later sell their units and convert their claims from repair costs to loss on sale.

7.By the time the proceeding settled in late 2013, some of the second plaintiff unit owners had discontinued their claims; others had sold their units and amended their claim to seek alleged losses on sale in lieu of remediation costs.3

8.In January 2014, after receiving the last of the settlement payments, Grimshaw & Co advised the Body Corporate that it intended to disburse the settlement proceeds in accordance with the June 2010 agreement.

9.In March 2014 Mocles Holdings Limited, a substantial unit owner that had not been a second plaintiff, objected.   Mocles claimed that it was entitled to a share of the settlement proceeds by virtue of being a member of the Body Corporate.  A number of other unit owners who had not been second plaintiffs followed suit.4

10.    It proved impossible to secure the agreement of all interested parties, and

Grimshaw & Co commenced this proceeding in September 2014.

11.Mr Lewis of Grimshaw & Co filed an affidavit with the statement of claim describing the factual background and the adverse claims to the settlement monies that the firm was holding in its trust account.5     His

affidavit included the statements required by Rule 4.60.6

Service on interested parties

12.The Court made extensive directions as to service that were intended to bring  this  proceeding  to  the  attention  of  all  interested  parties  and  to

require that they take steps by filing a notice of intention to appear if they

3 Affidavit of Gareth Lewis 19 September 2014.

4  Affidavit of Gareth Lewis 19 September 2014 at [35]; affidavit of Robert Khoo 26

March 2015 at [30]ff.

5 Affidavit of Gareth Lewis 19 September 2014.

6 At [48].

did not wish the court to proceed without hearing from them.7   Grimshaw

& Co served all those who had been parties to the underlying proceeding. The Body Corporate was separately directed to serve the proceeding, and the directions as to service, on all current unit owners (not all of whom had been parties to the settled litigation).8

13.The intention of the directions as to service, and the requirement that anyone wishing to be heard file a notice of intention to appear, was to winnow the numbers actually participating in the proceeding.   The directions of Bell AJ made it clear that the Court would proceed without hearing further from any person who did not serve such notice.

14.Grimshaw & Co appended to its memorandum of 7 May 2015 a schedule of parties who had served notices of intention to appear.  Affidavits as to service have been filed.9

15.Groups of owners in similar positions formed and instructed counsel who have appeared on their behalf: the “Simpson Western”, “Edwards Clarke Dickie” and “Price Baker Berridge” parties.  In addition to those groups, the  Body  Corporate  and  Mocles  Holdings   Limited  are  the  other significant parties taking steps.   Only a small number of other parties have participated by filing pleadings and appearing at conferences.

16.Given the orders made by Bell AJ as to service and the filing of notices of intention to appear, the parties who have chosen not to file a notice of intention to appear can be taken to abide the decision of the Court. Furthermore, as Bell AJ anticipated, a significant number of those who have served notice of intention to appear have not taken any further steps since doing so (as the modest number of appearances listed on conference

memoranda attest).

7 Minutes of Bell AJ 3 October 2014 at [29(a)-(c)] and 17 October 2014 at [9].

8 Minute of 17 October 2014 at [9]. See affidavit of Susan Mary Hay sworn 17

November 2014 proving compliance with the direction.

9 Affidavits of Erina Baars 23 December 2014 and Merran Greenhalgh 1 April 2016.

Settlement Terms

17.All those who had served notices of intention to appear were invited to attend a mediation on 14 December 2015.10    Most chose to attend and settlement terms were agreed.   The settlement terms were subsequently circulated to those same parties.11    The terms are appended to the Body Corporate’s   supplemental   memorandum   for   the   conference   on   18

December 2015.  The terms include a covenant by each party to apply for the settlement funds to be distributed in accordance with the agreement.

18.In broad terms the settlement terms divides the “net settlement funds” into a “Body Corporate / Common Property” share (80%) and “2nd plaintiff” share (20%).

19.The Body Corporate share is to be paid to the Body Corporate and held by it to be notionally divided into each unit’s ownership interest and applied to the repair costs attributable to the unit.  If, for example, unit X has an ownership interest of 2%, 2% of the Body Corporate’s share of the net settlement funds will be applied to the unit owner’s share of repair costs.

20.    The 20% 2nd plaintiff pool is to be divided by adjusted ownership interest.

The amounts due to current owners in this group will be paid to the Body Corporate and applied to their share of the repair costs.  Amounts due to former  owners  in  this  group  will  be  paid  to  them  unless  they  have assigned their interest in the settlement to the purchasers of their units and payments to their purchasers are noted on the distribution schedule attached to this memorandum.

21.It is not yet possible to state precisely how much is to be paid to the Body Corporate and each other individual directly receiving a portion of the settlement proceeds.   This is because the net settlement funds available for distribution is the interest-inclusive principal sum less expenses:

(a)     the balance of the original principal settlement sum of $20,050,000;

10 Affidavit of Olga Ostrovsky at [2] and exhibit OO1.

11 Affidavit of Olga Ostrovsky at [5] and exhibit OO2.

(b)    plus the net interest available on the distribution date;

(c)     plus the $650,000 distributed on an interim basis in May 2015; (d)      less the mediation costs (paid in December 2015);

(e)     less  the  costs  and  expenses  incurred  by the  Body Corporate  in implementing the agreement;

(f)     less the costs that Grimshaw & Co claims under r 4.64.

22.The final calculations will have to be made once the balance of the funds are withdrawn from interest-bearing deposit and the 80/20 split can be recalculated taking into account the previously authorised distributions.

Sales of units

23.Sales of units have affected the settlement terms and distribution of the settlement proceeds to the extent that many purchasers have obtained assignments of their vendors’ interest in the settlement proceeds.   Such sales occurred before settlement of the underlying litigation (the so-called

‘former owner’ second plaintiffs) and have continued ever since. Assignees have been progressively notifying Grimshaw & Co of their assignments and asserting interests in the settlement proceeds.

24.    Counsel understands that:

(a)     between  them,  Simpson  Western,  Edwards  Clarke  Dickie  and Pidgeon Law represent at least one of the parties to most of the transactions;

(b)the  arrangements  between  parties  to  sales  generally involve  the assignment of the whole of the proceeds or provide for the vendor retaining a sum of the order of $10,000-$15,000 (to cover legal costs), with the balance passing to the ‘new’ owner; and

(c)     the parties represented by these three firms have been finalising arrangements   between   them   as   to   the   precise   allocation   of settlement funds between them.

The rule 4.63 jurisdiction

25.Rule 4.63(1) vests wide power in the Court to “make whatever orders and directions justice requires”.  The breadth of the general power vested by rule 4.63(1) is not limited by the particular powers listed in rule 4.63(2). The  power  to  grant  relief  has  been  described  as  “a  most  beneficent

jurisdiction” that the Courts are “always very ready” to exercise.12    The

case authorities show a wide variety of orders tailored, as one would expect, to the circumstances each case has required.13    Counsel has not identified any other case raising comparable or analogous issues to the present.

26.    The  circumstances  of  this  case  are  unusually  complex,  requiring  the

flexible exercise of the ‘beneficent’ jurisdiction conferred by rule 4.63(1).

27.Grimshaw & Co and the parties interested in the settlement funds require the security of a court order before the funds can safely be disbursed.  The former owners are keen to take their share of the settlement funds and bring this matter to an end; the current owners are keen to begin work on the remediation.  A process that requires every party positively to join the settlement  or  advise  its  position  in  this  proceeding  is  not  practical, because some simply choose not to engage.

Applicant’s costs

28.Rule 4.64 provides that the applicant is entitled to the indemnity costs of and incidental to the application unless the court orders otherwise.  The court  may  order  the  applicant’s  costs  to  be  paid  by  any  1  or  more claimants and may apportion the liability among claimants as it thinks just.14     Property in dispute (or its proceeds) may be charged with the

applicant’s costs.15

12 Elder Dempster Lines v Zaki Ishag [1983] 2 Lloyd’s Rep 548 at 554 per Lloyd J.

13 See, eg, McGechan on Procedure at HR4.63.
14 Rule 4.64(2).

15 Rule 4.64(3).

29.    Grimshaw  &  Co  has  sought  costs  of  $77,784  plus  disbursements  of

$1,866.25, a total of $79,650.25.16   Time records and disbursements have been supplied to support the claim.

30.    The  Body  Corporate  has  previously  advised  that  it  consents  to  the

payment of the applicant’s costs from the funds it is holding.17

The Body Corporate’s costs

31.The settlement terms provide that the Body Corporate is to have principal responsibility for implementing it and that the costs it incurs in doing so are to be paid from the settlement proceeds held by the plaintiff.  Those costs include calculating and paying amounts due under the agreement, and its legal costs and expenses in circulating the agreement to other interested parties for execution and attendances associated with the interpleader proceeding.

32.    The  costs  incurred  by  the  Body  Corporate  to  date  total  $24,832.02.

Additional costs incurred but not yet invoiced are (estimated) at $15,000

+ GST ($17,250).   The Body Corporate costs to be deducted from the settlement costs therefore total $42,082.02.

Distribution  of  the second  plaintiffs’ 20%  share of  net settlement
funds

33.Annexed to this memorandum is a schedule showing: the names of all second plaintiffs, their unit entitlements, their unit entitlements raised pro rata to 100% (being their individual shares of the 20% of net settlement funds), and the names of their legal representatives.

34.The schedule is in two parts.  The first lists second plaintiffs known to have sold their units  (either because they were former owner second plaintiffs or because they have sold their units since the underlying litigation settled).  The schedule has been extensively circulated among the solicitors who are involved in most of the transactions for one or both

parties:  Edwards  Clark  Dickie;  Simpson  Western;  Pidgeon  Law.    It

16 Plaintiff ’s Memorandum 4 April 2016 at [5]ff.

17 Body Corporate’s Memorandum 18 March 2016.

includes detailed they have supplied to the Body Corporate recording agreements between the parties to those transactions as to the disbursal of the relevant 2nd  plaintiff share of the settlement funds for each unit.   In most cases, the current owner purchaser of a unit is to receive most or all of the 2nd plaintiff share and payment of the amount due to the purchaser will be made to the Body Corporate to be applied against the purchaser’s liability for repair costs.

35.The amounts due to current owner second plaintiffs who remain unit owners are set out in the second part of the schedule. The amounts due to these parties are to be paid to the Body Corporate to be held against that person’s liability to meet remediation costs.

36.There is a small number of second plaintiffs, including some who have sold their units, who have not yet notified the Body Corporate of payment instructions.  In accordance with your Honour’s previous indications, the amounts payable to those second plaintiffs are to be paid directly to them. If they have sold their units with a partial or full assignment of their proceeds to the purchaser, those parties will remain liable to honour their assignments directly with their purchasers.

37.The  20%  portion  of  the  net  settlement  sum  payable  to  the  second plaintiffs is, as noted above, based upon adjusting their unit entitlements upwards to 100%.  Carrying out this exercise using unit entitlements to three decimal places yields a total of 100.011% - in other words, once each of the second plaintiff’s entitlements is adjusted upwards so that

100% of the second plaintiff’s portion of the settlement can be distributed to them, the unit entitlements total 100.011%. This requires adjustment.

38.    Assuming  that  the  second  plaintiff  portion  will  be  approximately

$4,230,000, the additional 0.011% totals $465.30.  Rather than attempt to re-calculate all of the second plaintiff percentages, the Body Corporate proposes that the additional sum be recovered  the amounts otherwise payable to it.

Orders sought

39.On 30 March 2016 Grimshaw & Co paid $15,926,371.21 pursuant to your Honour’s directions of 21 March.   Grimshaw & Co had made an interim distribution of $650,000 to the Body Corporate in May 2015, from  which  the  mediation  costs  were  paid  in  December  2015.    The balance held by Grimshaw & Co on interest-bearing deposit is $300,000 (in consideration of costs) and $4,219,092.79.18

40.The orders proposed below essentially provide as follows.  Grimshaw & Co withdraws the balance of funds it is holding from interest-bearing deposit and pays its own costs and the Body Corporate’s.  It then serves an updated settlement statement showing all movements of settlement funds  in  its  trust  account.    It  calculates  the  80/20  split  of  the  net settlement funds and the balance due to make up the Body Corporate’s

80% share after allowing for distributions already made.  It then divides the remaining 20% in accordance with the percentages due to each 2nd plaintiff in the schedule; totals the individual amounts payable to the Body Corporate on behalf of current owner second plaintiffs and those assignees whose payment entitlements are recorded in the schedule; and it separately lists the second plaintiffs to whom payments will be made directly.   The full list of proposed payments is supplied to the Body Corporate to allow a brief final check.  If full agreement is not reached in

5 working days further directions are to be sought.

41.    The formal directions sought by the Body Corporate are as follows:

(a)     that Grimshaw & Co forthwith withdraw the balance of the funds from interest-bearing deposit;

(b)that Grimshaw & Co be authorised to pay itself from the balance of funds held its costs and disbursements of $79,650.25;

(c)     that Grimshaw & Co pay the Body Corporate costs of implementing this agreement in the amount of $42,082.02;

18 Plaintiff ’s Memorandum for conference on 4 April 2016.

(d)     that, after making the payments referred to in (b) and (c), Grimshaw

& Co serve on the Body Corporate an updated statement showing the principal settlement sum of $20,050,000 plus interest earned on that sum (net of RWT), the commission it has deducted, the interim distributions  made  to  the  Body  Corporate,  and  the  payments referred to in (b) and (c);

(e)     that the “net settlement funds” available for distribution be declared

to be:

(i)     the principal settlement sum of $20,050,000;

(ii)    plus  interest  earned  on  that  sum  net  of  tax  (RWT)  and

Grimshaw & Co’s commission;

(iii)    less Grimshaw & Co’s costs of $79,650.25; (iv)    less the Body Corporate’s costs of $42,082.02;

(v)    less   mediation   costs   of   $12,937.50   (which   the   Body Corporate   paid   from   the   $650,000   interim   distribution pursuant to the orders made on 18 December 2015);

(f)     that, subject to (h) below, Grimshaw & Co make payment to the Body Corporate of such as amount as will bring its share of net settlement funds to 80% (for the avoidance of doubt, not counting as a distribution to the Body Corporate the $12,937.50 in mediation costs that the Body Corporate paid from the $650,000 interim distribution payment of May 2015);

(g)that, subject to (h) below, Grimshaw & Co pay 20% of the net settlement amount to the second plaintiffs (or their assignees, as the case  may be)  in  the  amounts  and  percentages  as  shown  in  the annexed schedule;

(h)that  any  additional  amount  required  to  be  paid  to  the  second plaintiffs on account of their adjusted unit entitlements totalling

more  than  100.011%  be  deducted  from  the  amount  otherwise payable to the Body Corporate pursuant to (f) above;

(i)that, prior to making the payments referred to in (f), (g), and (h) above, Grimshaw & Co serve on the Body Corporate for approval the amounts it proposes to pay and to whom;

(j)that,  Grimshaw  &  Co  and  the  Body  Corporate  seek  further directions from the Court if they have not agreed on the payments to be made under (f), (g) and (h) above within 5 working days of the Body Corporate receiving the proposed payment details pursuant to (i) above;

(k)that, once Grimshaw & Co has made payments authorised above, the defendants and all persons directed to be served with this proceeding (and all persons claiming under any of them, including any   assignees   of   second   plaintiffs)   may   not   continue   or subsequently prosecute claims against Grimshaw & Co for an entitlement to be paid a portion of the settlement funds that are the subject of this proceeding; and

(l)save as otherwise directed above, the costs of the proceeding are to lie where they fall.

Dated 15 April 2016

M C Harris / O L Ostrovsky
Counsel for the Body Corporate

In the High Court of New Zealand

Auckland Registry

CIV-2014-404-2493

In the matter of  Spencer on Byron Interpleader

Between  Grimshaw & Co

Plaintiff

And  Body Corporate 207624 & O’rs

Defendants

SUPPLEMENTAL MEMORANDUM ON BEHALF OF THE BODY

CORPORATE SEEKING FINAL DISTRIBUTION ORDERS

Dated 16 May 2016

Next event:             Case management conference Next event date:     18 April 2016 at 9:00am Judicial Officer:           Faire J

Gilbert/Walker
Level 31, Vero Centre
48 Shortland Street

P O Box 1595

DX CP20524

Telephone: 374 1100
Facsimile: 374 1111

Solicitor Acting: M C Harris

SUPPLEMENTAL MEMORANDUM ON BEHALF OF THE BODY CORPORATE SEEKING FINAL DISTRIBUTION ORDERS

May it please the Court:

1.This memorandum addresses a few matters that have arisen since the Body Corporate’s last memorandum for this conference proposing final distribution orders:

a.      The second plaintiffs’ payment schedule has been updated to reflect further  instructions  notified  to  the  Body  Corporate  as  between parties to sales of units.

b.The adjusted unit entitlements in the payment schedule have been adjusted to produce a clean figure of exactly 100%.  This eliminates some of the steps proposed in the last memorandum.

c.      There  is  an  increase  of  $4,000  to  the  Body  Corporate’s  costs

reflecting additional attendances.

d.Confirmation that the mediation costs (which the Body Corporate paid out of the May 2015 interim distribution of $650,000) are to be borne  as  to  80%  by  the  Body  Corporate  and  20%  by  the  2nd plaintiffs group.

Orders sought

2.On 30 March 2016 Grimshaw & Co paid $15,926,371.21 pursuant to your Honour’s directions of 21 March.   Grimshaw & Co had made an interim distribution of $650,000 to the Body Corporate in May 2015, from which the mediation costs were paid in December 2015.

3.The balance held by Grimshaw & Co on interest-bearing deposit (in two separate accounts, as at 15 April 2016, is $300,169.67 (in consideration of costs) and $4,221,478.75.19

4.The orders proposed below essentially provide as follows.  Grimshaw & Co withdraws the balance of funds it is holding from interest-bearing

19 Plaintiff ’s Memorandum for conference on 4 April 2016; updated 15 April.

deposit and pays its own costs and the Body Corporate’s and allocates the mediation costs 80/20.  After paying these costs, there will be a further payment to the Body Corporate and the total amount payment to the second  plaintiffs group  will  be ascertained.   The amounts  payable to parties within that group will be determined in accordance with the distribution schedule.  A full list of proposed payments will be served to allow a final check and payment will be made in accordance with the list unless objection is notified to Grimshaw & Co and the Body Corporate within 5 working days.   Absent agreement at the end of that period, further directions must be sought forthwith.

5.     The formal directions sought by the Body Corporate are as follows:

a.      that Grimshaw & Co forthwith withdraw the balance of the funds from interest-bearing deposit;

b.that Grimshaw & Co pay itself from the balance of funds held on account of costs its costs and disbursements of $79,650.25;

c.      that Grimshaw & Co pay the Body Corporate from the balance of funds held on account of costs the Body Corporate’s costs of implementing this agreement in the amount of $46,082.02;

d.      that, after making the payments referred to in (b) and (c), Grimshaw

& Co serve on the Body Corporate an updated statement showing the principal settlement sum of $20,050,000 plus interest earned on that sum (net of RWT), the commission it has deducted, the interim distributions  made  to  the  Body  Corporate,  and  the  payments referred to in (b) and (c);

e.      that the “net settlement funds” available for distribution be declared

to be:

(i)     the principal settlement sum of $20,050,000;

(ii)    plus  interest  earned  on  that  sum  net  of  tax  (RWT)  and

Grimshaw & Co’s commission;

(iii)    less Grimshaw & Co’s costs of $79,650.25;

(iv)   less  the  Body Corporate’s  costs  of   $42,082.02  $46,082.02 [JA Faire J];

(v)    less   mediation   costs   of   $12,937.50   (which   the   Body Corporate   paid   from   the   $650,000   interim   distribution pursuant to the orders made on 18 December 2015);

f.      that Grimshaw & Co make payment to the Body Corporate of such as amount as will bring its share of net settlement funds to 80%;

g.      that Grimshaw & Co pay 20% of the net settlement amount to the second plaintiffs (or their assignees, as the case may be) in the amounts and percentages as shown in the annexed distribution schedule;

h.that, prior to making the payments referred to in (f) and (g) above, Grimshaw & Co serve on the Body Corporate for approval the amounts it proposes to pay and to whom;

i.that,  Grimshaw  &  Co  and  the  Body  Corporate  seek  further directions from the Court if they have not agreed on the payments to be made under (f) and (g) above 5 working days thereafter;

j.that, once Grimshaw & Co has made payments authorised above, the defendants and all persons directed to be served with this proceeding (and all persons claiming under any of them, including any   assignees   of   second   plaintiffs)   may   not   continue   or subsequently prosecute claims against Grimshaw & Co for an entitlement to be paid a portion of the settlement funds that are the subject of this proceeding;

k.save as otherwise directed above, the costs of the proceeding are to lie where they fall.

Dated 18 April 2016

M C Harris / O L Ostrovsky
Counsel for the Body Corporate

Former Owner Loss on Sale Second Plaintiffs / Vendors

Unit

Second
Plaintiffs

Owner's Unit entitlement

Owner's

entitlement raised to

100%

Representation

Purchaser of the Unit

Representation

Treatment of unit entitlement

205

Hermes
Thamrin

0.321

0.43514

Weatherburn
No. 3 Trust

Ken
Weatherburn

McVeagh
Fleming

Pay the second plaintiff's share to the Body Corporate

to be credited to the apartment's share of the remediation costs.

209

Barry Alfred
Ian Lynch

0.361

0.48937

Edwards Clark
Dickie

Samuel
Greenwood

Lee Salmon
Long

Pay $10,000 to Edward Clark Dickie's trust account for

the benefit of second plaintiff. The balance (if any) is to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

210

Barry Alfred
Ian Lynch

0.361

0.48937

Edwards Clark
Dickie

Pay $10,000 to Edward Clark Dickie's trust account for the benefit of second plaintiff. The balance (if any) is

to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

211

Hermes

Thamrin

0.321

0.43514

Weatherburn

No. 3 Trust

Ken

Weatherburn

McVeagh

Fleming

Pay the second plaintiff's share to the Body Corporate

to be credited to the apartment's share of the remediation costs.

303

Kenneth John
Beukema

0.259

0.35110

Duthie Whyte
Solicitors

Robert Khoo and Rosemary Yong

Edwards Clark
Dickie

Pay to Duthie Whyte's trust account the sum of

$10,614.97 (inclusive of any disbursements, GST or tax) for the benefit of Mr Beukema. The balance to be paid to the Body Corporate and credited to the Unit’s share of the remediation costs.

305

Hermes

Thamrin

0.326

0.44192

Weatherburn

No. 3 Trust

Ken

Weatherburn

McVeagh

Fleming

Pay the second plaintiff's share to the Body Corporate

to be credited to the apartment's share of the remediation costs.

312

Syed Fadzil

Bin Syed Ahmad and Nur Aliza Lee Binti Abdullah

/ ANZ Bank

0.326

0.44192

Gibson Sheat

Stephanie
Kerridge

Pidgeon Law

Pay the second plaintiff's share to the Body Corporate

to be credited to the apartment's share of the remediation costs.

403

Stuart Illingworth and Diane

Elizabeth
Illingworth

0.262

0.35516

Dean and Ella
Flemimg

Simpson
Western

 Pay the second plaintiff's share to the Body Corporate to be credited to the apartment's share of the remediation costs.
404

Terence Joseph Carter and Kaye

Maree Carter

0.37

0.50157

Edwards Clark
Dickie

 Pay full balance of unit entitlement to Edward Clark Dickie's trust account for the benefit of second plaintiff. No funds allocated to the purchaser.

407

Hermes
Thamrin

0.33

0.44734

Weatherburn
No. 3 Trust

Ken
Weatherburn

McVeagh
Fleming

Pay the second plaintiff's share to the Body Corporate

to be credited to the apartment's share of the remediation costs.

502

Grose

Investments

Limited

0.222

0.30094

Eagles, Eagles
& Redpath

Xiaoli Liu

Pidgeon Law

508

Paul Lissoux and Blandine Sine Lissoux

0.357

0.48394

Edwards Clark
Dickie

Richard and

Lois Badland and Gaze Burt Trustees Limited as trustees of the Graeme Badland Family Trust

Simpson
Western

Pay up to $19,396.00 to Edward Clark Dickie's trust

account. The balance (if any) is to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

513

Kenneth John
Beukema

0.373

0.50563

Duthie Whyte
Solicitors

Anthony
Sissons

Sam
Greenwood

Pay to Duthie Whyte's trust account the sum of

$16,748.41 (inclusive of any disbursements, GST or tax) for the benefit of Mr Beukema. The balance to be paid to the Body Corporate and credited to the Unit’s share of the remediation costs.

514

Kanti Daya
Bhoda

0.333

0.45141

Terrance Gore
Limited

Lown Family
Trust

Pidgeon Law

 Pay up to $7,936.18 to the second plaintiff. The balance to be paid to the Body Corporate and credited to the apartment's share of the remediation costs

601

Phillip

Kenneth Hulme and Margaret Hulme

0.336

0.45548

Edwards Clark
Dickie

Pay $15,708.80 to Edward Clark Dickie's trust account

for the benefit of second plaintiff. The balance (if any) is to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

611

Lusy Sunoso

0.336

0.45548

Edwards Clark

Dickie

William Lown and.or nominee

Pidgeon Law

Business Administration Services nominated as

purchaser. Payment to be paid to Body Corporate to be credited to the apartment's share of the remediation costs, including any surplus.

707

Harry Clive
Kelly

0.339

0.45954

Edwards Clark
Dickie

Dan Li and
Cheng Xu

Unrepresented

 Pay $9,452.44 to the second plaintiff. The balance to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

712

Yon Yi Sohn

0.339

0.45954

Edwards Clark
Dickie

Marguerite
Renaud

Simpson
Western

Pay $15,000 to the second plaintiff. The balance to be

paid to the Body Corporate and credited to the apartment's share of the remediation costs.
713

Alick Nichols Wilson and Jacqueline May Wilson

0.379

0.51377

Edwards Clark
Dickie

Kevin Schwass and John Hellebrekers

as trustees of the Quay Family Trust

Simpson
Western

Pay up to $25,397.20 to the second plaintiff. The balance (if any) is to be paid to the Body Corporate and credited to the apartment's share of the

remediation costs.
Richard Pay the second plaintiff's share to the Body Corporate
William to be credited to the apartment's share of the
Bamford and remediation costs, including any surplus.
Hala
Mohamed Atef Edwards Clark
805 Abdel-Hamid 0.343 0.46496 Dickie Peijun Ge Pidgeon Law
Graham John Pay $31,157.09 to Edward Clark Dickie's trust account
Cross, for the benefit of second plaintiff. The balance (if any)
Winsome is to be paid to the Body Corporate and credited to the
Patricia Cross apartment's share of the remediation costs.
and
Christopher
John Davis as
trustees of the Edwards Clark
807 Bellbird Trust 0.343 0.46496 Dickie
Pay the second plaintiff's share to the Body Corporate
Biljana to be credited to the apartment's share of the
810 Andonoska 0.227 0.30772 Unrepresented Pidgeon Law remediation costs.
Pay full balance of unit entitlement to Edward Clark
Buchan Estate Edwards Clark Dickie's trust account for the benefit of second plaintiff.
811 Limited 0.343 0.46496 Dickie No funds allocated to the purchaser.
Janice Ward Pay full balance of unit entitlement to Edward Clark
and Hugh Dickie's trust account for the benefit of second plaintiff.
Owen Cooney No funds allocated to the purchaser.
as trustees of
the Diabron Edwards Clark
812 Trust 0.343 0.46496 Dickie
Rundle Pay $11,660.73 to the second plaintiff. The balance to
Investments Edwards Clark Nikki Simpson be paid to the Body Corporate and credited to the
813 Limited 0.343 0.46496 Dickie Rasmussen Western apartment's share of the remediation costs.
Terrence Pay $15,000 to the second plaintiff. The balance to be
Frederick paid to the Body Corporate and credited to the
Condon and apartment's share of the remediation costs.
Raewyn Dell Edwards Clark Richard and Simpson
901 Condon 0.386 0.52326 Dickie Edna Wilson Western
904

Stuart William Saunders and Elizabeth

Hilary

Saunders

0.37

0.50157

John Bleackley

Pidgeon Law

 Pay the second plaintiff's share to the Body Corporate to be credited to the apartment's share of the remediation costs.

907

Dhaneshwar

Maharaj, Hemchund Ganessunker Maharaj and Hemsunker Maharaj

0.386

0.52326

Price Baker
Berridge

Ishy Maharaj
Family Trust

Pidgeon Law

Pay the second plaintiff's share to the Body Corporate

to be credited to the apartment's share of the remediation costs.

908

Maurice

Joseph Batey and Kaylene Joy Batey

0.386

0.52326

Edwards Clark
Dickie

Pay $15,000.00 to Edward Clark Dickie's trust account for the benefit of second plaintiff. The balance (if any)

is to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

909

Maree Catherine Hood

0.228

0.30907

Edwards Clark
Dickie

Pay $15,000.00 to Edward Clark Dickie's trust account

for the benefit of second plaintiff. The balance (if any) is to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1013

John Allan

0.389

0.52732

Unrepresented

Purchaser did not receive an

assignment

N/A

Pay the second plaintiff, John Allan. ACC: 587 019

282 833 (NZ$ Savings) Swift Code: HSBCHKHHHKH.

1101

Colin

Alexander Buchanan, Dorothea Frederique Buchanan and Kenneth

Alfred Eaves as trustees of the Zander Trust

0.392

0.53139

Edwards Clark

Dickie

Pay $15,500.88 to Edward Clark Dickie's trust account

for the benefit of second plaintiff. The balance (if any) is to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1102

Colin

Alexander Buchanan, Dorothea Frederique Buchanan and Kenneth

Alfred Eaves

0.232

0.31450

Edwards Clark
Dickie

Pay $12,748.20 to Edward Clark Dickie's trust account

for the benefit of second plaintiff. The balance (if any) is to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.
as trustees of the Zander Trust
1104

Kevin John

Williams and Julieta Marie Williams

0.352

0.47717

Unrepresented

Carolina Miller

Simpson
Western

Pay the second plaintiff's share to the Body Corporate

to be credited to the apartment's share of the remediation costs (pursuant to the settlement agreement).

1106

Kok Seng

Chua and Geok Kwan Quek

0.352

0.47717

Edwards Clark
Dickie

Pay up to $29,069.13 to the second plaintiff. The balance (if any) to be paid to the Body Corporate and

credited to the apartment's share of the remediation costs.

1110

HKN4 Limited as trustee of the G & J Family Trust

0.232

0.31450

Pidgeon Law

Mark Sharrock

and Richard Maire as trustees of the Canggu Trust

Pidgeon Law

Pay the second plaintiff's share to the Body Corporate to be credited to the apartment's share of the remediation costs.

1111

HKN4 Limited as trustee of the G & J Family Trust

0.352

0.47717

Pidgeon Law

Mark Sharrock

and Richard Maire as trustees of the Canggu Trust

Pidgeon Law

Pay the second plaintiff's share to the Body Corporate to be credited to the apartment's share of the remediation costs.

1112

Alexander

William Stewart and Joanne

Stewart

0.352

0.47717

Edwards Clark
Dickie

Pay $15,000.00 to Edward Clark Dickie's trust account for the benefit of second plaintiff. The balance (if any)

is to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1213

John Hight Gray and Shirley Rae Gray

0.395

0.53546

Wynyard Wood

Alan, Margaret

and Wayne Cameron as trustees of the Cameo Trust

Simpson
Western

Pay $15,000 to the second plaintiff. The balance to be

paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1301

Steven Chor-

Hung Leung, Alaine Karen Bradshaw and Fisher

Partners Trustees Limited as trustees of the

154 Trust

0.359

0.48665

Unrepresented

Colin Anthony
Searle

Simpson
Western

$15,000 to be paid to the second plaintiff. The

balance to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.
1303

Murray
Mackay Hing

0.275

0.37279

Edwards Clark
Dickie

Pay $15,000.00 to Edward Clark Dickie's trust account for the benefit of second plaintiff. The balance (if any) is to be paid to the Body Corporate and credited to the

apartment's share of the remediation costs.

1305

Linda Irene

Dalbeth and Graeme John Hill

0.399

0.54088

Edwards Clark

Dickie

Pay $15,000 to the second plaintiff. The balance to be

paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1308

Donald Blair
Webster

0.399

0.5409

Unrepresented

Jeanette
Martin

Unrepresented

Pay the second plaintiffs' share to the Body Corporate

to be credited to the apartment's share of the remediation costs.

1314

R S J P Investments Limited

0.399

0.54088

Edwards Clark

Dickie

Pay $15,972.89 to Edward Clark Dickie's trust account

for the benefit of second plaintiff. The balance (if any) is to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1403

Daniel James

Logue, Karen Ann Logue and Brett Anthony Norris as

trustees of the Long Bay Trust

0.236

0.31992

Brett Norris Law

Rick and Yvonne Hawkins

Pidgeon Law

Pay the second plaintiff's share to the Body Corporate

to be credited to the apartment's share of the remediation costs, including any surplus.

1404

Daniel James Logue, Karen Ann Logue and Brett

Anthony

Norris as trustees of the Long Bay Trust

0.402

0.54494

Brett Norris Law

Rick and Yvonne Hawkins

Pidgeon Law

 Pay the second plaintiff's share to the Body Corporate to be credited to the apartment's share of the remediation costs, including any surplus.

1408

M & H Trustee

Services

Limited and Kevin John Plummer

0.362

0.49072

Malloy Goodwin
Harford
1413

Saxon Sein

and Candy
Sein

0.402

0.54494

Edwards Clark
Dickie

Malcolm Sines

Simpson
Western

Pay $15,000 to the second plaintiff. The balance to be

paid to the Body Corporate and credited to the apartment's share of the remediation costs.
1414

Patricia Anne
Moore

0.402

0.54494

Simpson
Western

 Warren and Careen Marshall

Simpson
Western

 Pay the second plaintiffs' share to the Body Corporate to be credited to the apartment's share of the remediation costs.

1511

Alan Millar

Parker and Mervyn Paul Huxford, Clarissa Williams Parker as trustees of the Parker Family Trusts Partnership

0.446

0.60459

Unrepresented

Anthony

Sissons

Simpson

Western

Pay the second plaintiff's share to the Body Corporate

to be credited to the apartment's share of the remediation costs (pursuant to the settlement agreement).

1512

Country Life
Limited

0.365

0.4948

Unrepresented

Gerald Petrie

Unrepresented

Pay the second plaintiff's share to the Body Corporate

to be credited to the apartment's share of the remediation costs.

1513

Dale

Paretovich, Nerida Marie Bartlett and Murray Alan Hilder as trustees of the Paretovich Bartlett Family Trust

0.446

0.60459

Unrepresented

David and

Grace Bond

Simpson

Western

Pay the second plaintiff's share to the Body Corporate

to be credited to the apartment's share of the remediation costs (pursuant to the settlement agreement).

1610

James

Webley and
Jo-ann Day

0.24

0.32534

Unrepresented

Toni Christine
Windner-Lendl

Edwards Clark
Dickie

Pay the second plaintiff's share to the Body Corporate

to be credited to the apartment's share of the remediation costs.

1614

Kowhai Property Investments Limited

0.408

0.55308

Unrepresented

Stephen

Phillips and Andrew Walter as trustees of the SMP Number Two Trust

Simpson

Western

Pay the second plaintiff's share to the Body Corporate

to be credited to the apartment's share of the remediation costs (pursuant to the settlement agreement).

1701

Algar Apartments Limited

0.411

0.55714

Unrepresented

Gilbert

Douglas
James & Anne

James

Miller Poulgrain

Pay the second plaintiff's share to the Body Corporate to be credited to the apartment's share of the remediation costs.
1702

Algar Apartments Limited

0.281

0.38092

Unrepresented

Gilbert

Douglas

James & Anne
James

Miller Poulgrain

Pay the second plaintiff's share to the Body Corporate to be credited to the apartment's share of the remediation costs.

1704

Wendy Gertrude Ormond

0.371

0.50292

Edwards Clark

Dickie

B & L Hill Investments Limited

Pidgeon Law

Pay $16,492.79 to Edward Clark Dickie's trust account

for the benefit of second plaintiff. The balance (if any) is to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1709

Rosemary

Aura Black, Briar Poole- Rasmussen and Weston Clyde Colson as trustees of the Rosemary Black Family Trust

0.265

0.35923

Edwards Clark
Dickie

New Zealand Residential Investment Limited

Simpson
Western

Pay up to $13,782.37 to the second plaintiff. The

balance (if any) is to be paid to the body corporate and credited to the apartment’s share of the remediation costs.

1710

Anne Elizabeth Lethaby and Angus James Brodie

0.241

0.32670

Edwards Clark
Dickie

Neville Craig

Harper & AD Law Trustees (No 38) Ltd as trustees of the Soporta Trust

Alexander
Dorrington

Pay the second plaintiff's share to the Body Corporate

to be credited to the apartment's share of the remediation costs.

1711

Anne Elizabeth Lethaby and Angus James Brodie

0.411

0.55714

Edwards Clark
Dickie

Neville Craig Harper & AD Law Trustees

(No 38) Ltd as

trustees of the

Soporta Trust

Alexander
Dorrington

 Pay the second plaintiff's share to the Body Corporate to be credited to the apartment's share of the remediation costs.

1712

Kok Keng

Lawrence Tan and Meng Kuang Ellen Liao

0.411

0.55714

Edwards Clark
Dickie

Wayne Tarrant

Pidgeon Law

Proceeds of seond plaintiffs' claim (less legal costs

and disbursements) shall be paid to the Body Corporate to be credited to the apartment's share of the remediation costs. Purchaser responsible for levies after settlement.

1801

Allan Richard

Nicholas and Bruce Raymond Sheppard

0.415

0.56257

Edwards Clark
Dickie

New Zealand Residential Investment Limited

Simpson
Western

Pay up to $26,024.25 to the second plaintiff. The

balance (if any) to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

Allan Richard

Nicholas and Bruce Raymond Sheppard

0.243

0.32941

Edwards Clark
Dickie

New Zealand Residential Investment Limited

Simpson
Western

Pay up to $24,052.01 to the second plaintiff. The balance (if any) to be paid to the Body Corporate and

credited to the apartment's share of the remediation costs.

1811

Gregory

Shaun Sweeney, Susanne Alexandra Sweeney and Brent Alexander John Taylor as trustees of the Sweeny Family Trust

0.375

0.50834

Edwards Clark
Dickie

PJ & HK Treadaway Family Trust

Pidgeon Law

Pay the second plaintiff's share to the Body Corporate

to be credited to the apartment's share of the remediation costs.

1901

Michael Alan

Hall and June
Lorraine Hall

0.418

0.56663

Edwards Clark
Dickie

Rowan
Christopherson

Simpson
Western

Pay $15,000 to the second plaintiff. The balance to be

paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1903

Robert John

Henderson and Oi Fan Fanny Lai

0.285

0.38634

Edwards Clark
Dickie

Pay full balance of unit entitlement to Edward Clark

Dickie's trust account for the benefit of second plaintiff. No funds allocated to the purchaser.

1904

 Robert John Henderson and Oi Fan Fanny Lai

0.418

0.56663

Edwards Clark
Dickie

 Pay $15,000 to the second plaintiff. The balance is to be paid to the body corporate and credited to the apartment’s share of the remediation costs.

1907

Simon Guy

Upton, Han Kyung-Mi and John M Vincent Trustee Co

Limited as

trustees of the Hanton Investments (NZ) Trust & sold to MW Property Trust

0.418

0.56663

Edwards Clark Dickie for Hanton Investments and Simpson

Western for MW Property Trust

Oscar Holdings Limited

Pidgeon Law

Pay $17,637.41 to Edward Clark Dickie's trust account for the benefit of the second plaintiffs. Pay $2,846.09

to Mike Warren c/- Simpson Western. The balance (if any) is to be paid to the Body Corporate and credited to the apartment’s share of the remediation cost.
 
1802
1908

Christopher
Manyweathers

0.418

0.56663

Price Baker
Berridge

Bianca Tan

Pidgeon Law

 Pay the second plaintiff's share to the Body Corporate to be credited to the apartment's share of the remediation costs.

1909

Owen Sydney

Mete, Patricia Lee Mete and Bruce Charles d'Young

0.245

0.33212

Edwards Clark

Dickie

Bianca Tan

Pidgeon Law

Pay the second plaintiffs' share to the Body Corporate

to be credited to the apartment's share of the remediation costs.

20F

Fortune Holdings Limited

1.78

2.41294

Jesperson & Associates

Ken
Weatherburn

McVeagh
Fleming

Pay the second plaintiff's share to the Body Corporate

to be credited to the apartment's share of the remediation costs. Any surplus to be paid to the vendor.

25.943           35.1679

Current Owner Repair Costs Second Plaintiffs

Unit     Second Plaintiffs

John Gilbert Hawksley and Heather Ann

Owner's Unit entitlement

Owner's Entitlement Raised to

100%        Representation        Treatment of unit entitlement

Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

201

202

Hawksley  0.361        0.4894    Price Baker Berridge

John Gilbert Hawksley and Heather Ann

Hawksley  0.215        0.2915    Price Baker Berridge

Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

203   Chia Lu Sylvia Chen  0.215        0.2915   Unrepresented

204   Peter Frederick Smith and Robyn Denise Grace            0.362        0.4907   Unrepresented

206   Swee Cheong Kwan and Lee Leng Tan  0.215        0.2915   Unrepresented

207   Po Yee Ho  0.215        0.2915   Unrepresented

Roger David Conder, Victoria Jane Conder and

Robert Christopher Malcolm Trustee Co Limited

Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

301

302

304

as trustees of the RSTV Trust  0.366        0.4961    Price Baker Berridge

Donald Hutchinson, Cathryn Hutchinson and U

M K Trustee Company Limited  0.3        0.4067    Unrepresented

Murray Rex Gardiner and Pamela Helen

Gardiner  0.366        0.4961    Price Baker Berridge

Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

307   Victor Ly Sao  0.326        0.4419   Price Baker Berridge

308   Mei Sin Wong and Kang Wei Tan  0.326        0.4419   Price Baker Berridge

309   Si Kim Gorden Yeo and Nyet Fong Ho  0.219        0.2969   Unrepresented

311   Michael David Williams  0.366        0.4961   Price Baker Berridge

John Sinclair Downer, Jill Hermione Downer

Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

313

and Liston Trustee Services Limited  0.366        0.4961    Price Baker Berridge

Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

314   Ping Sum Fong  0.326        0.4419   Unrepresented

Peter Hugh Johnson and Margaretha Maria

Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

401

Johnson  0.37        0.5016    Unrepresented

Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

402   Roger William Handisides  0.26        0.3525   Unrepresented

405   Barreyatt Investments Limited  0.354        0.4799   Price Baker Berridge

406   Po Yee Ho  0.33        0.4473   Unrepresented

408   Peter Frederick Cole and Steffin Cole  0.354        0.4799   Price Baker Berridge

409   Peter Frederick Cole and Steffin Cole  0.22        0.2982   Price Baker Berridge

411   Michel Chungue  0.33        0.4473   Price Baker Berridge

Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

412 Nathaniel John Forte, Jennifer Doris Atkinson, Murray Reginald Robertson and Edith Barbara May Robertson as trustees of the MR and EBM Robertson Family Trusts Partnership

0.354

0.4799

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

413

Metroportem Electric New Zealand Limited

0.37

0.5016

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

501

Simon John Kendrick and Linda Michelle

Kendrick

0.333

0.4514

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

503

Roger Lossing

0.303

0.4107

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

504

Ralph Allen Davis and Evar Davis

0.373

0.5056

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

505

Htunn Myint Latt

0.333

0.4514

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

506

Hermes Thamrin

0.373

0.5056

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

507

John Frazer Murray

0.333

0.4514

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

509

Matthew Risha Jeyam

0.222

0.3009

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

510

Malcolm Tien Pho Ong

0.222

0.3009

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

511

Lionel Choon Hock Ong and Betty Nee Kho

Kew Ang Ong

0.373

0.5056

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

512

Ramesh Laloo Bhoola

0.373

0.5056

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

603

Landvest Properties Limited

0.264

0.3579

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

604

Kim Seng Chuah

0.336

0.4555

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

608

Bruce Frank Forward and Dorothy Patricia

Forward

0.336

0.4555

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

609

Chi Wah Ng and Ying Choi

0.224

0.3037

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

610

Stephanie Louisa Kerridge

0.264

0.3579

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

613

Chun Ying Samuel Yuen and Wai Violet Choy

0.376

0.5097

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

701

Anne Frances Brunton

0.339

0.4595

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

702

John Holland Percy Webber, Mary Anne Lucy

Webber, Clifford John Webber and Michael

Peter Hall

0.265

0.3592

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

703

Jannette Doreen McCarty

0.265

0.3592

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

704

Ross Alfred Dickinson, Margaret Christine

Dickinson and Peter Edward Newfield

0.379

0.5138

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

708

Sam Kow Wong and Lai Chin Loong

0.339

0.4595

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

709

Ek Meng Hong

0.225

0.3050

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

710

Citywide Electrical Services Limited

0.225

0.3050

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

714

Karen Lea Richardson and Worcester Trustee

Services Limited as trustees of the Kameo Trust

0.363

0.4921

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

802

Solemar and Stone Limited

0.242

0.3281

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement
803

Nicholas John Green and Marnie Jayne Green

0.227

0.3077

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

806

Eric Kah Shin Chong

0.343

0.4650

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

814

Stephanie Ann Slyfield and Barbara Johnson as trustees of the Slyfield Family Trust

0.383

0.5192

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

902

Cecilia Ching Yee Cheung

0.228

0.3091

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

903

 John Douglas Mannion, Anna-Maria Christina Mannion and Susan Frances O'Neill as trustees of the Johan and Anna-Maria Mannion Family Trust

0.228

0.3091

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

905

Swee Cheong Kwan and Lee Leng Tan

0.346

0.4690

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

906

Robert Teckson Khoo and Rosemary Sohchun

Yong

0.386

0.5233

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

910

Foo Leong Wong

0.228

0.3091

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

912

Nicola Joy Cox

0.386

0.5233

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

913

Nigel Luscombe and Brenda Christine

Luscombe

0.386

0.5233

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

914

Dirk Bernhard Van Der Sheer, Edith Van Der Sheer and Edgar Ronald Hawkes as trustees of the Dick and Edith Van Der Sheer Family Trust

0.346

0.4690

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1001

Shung Hei Tang

0.349

0.4731

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1003

Simon Guy Upton, Han Kyung-Mi and John M

Vincent Trustee Co Limited as trustees of the

Hanton Investments (NZ) Trust

0.23

0.3118

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1004

Simon Guy Upton, Han Kyung-Mi and John M

Vincent Trustee Co Limited as trustees of the

Hanton Investments (NZ) Trust

0.389

0.5273

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1005

Kim Tee Chua

0.349

0.4731

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1006

Sandra McKersey and RT McKersey Business

Trustees Ltd

0.373

0.5056

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1007

Ishy Maharaj Trustee Limited

0.389

0.5273

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1008

Mark Edward Investment Co Limited

0.389

0.5273

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1010

 Robert John Nixon and Paul James Nixon (current owners/assignees are David Arthur Nixon and Marie Elizabeth Nixon as trustees of the Nixon Family Trust)

0.23

0.3118

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1011

David Arthur Nixon and Marie Elizabeth Nixon as trustees of the Nixon Family Trust

0.389

0.5273

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1012

Lynette Aulick and Ralph Aulick

0.389

0.5273

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1014

Andrew Paterson and Kathryn Mary Paterson

0.349

0.4731

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1103

Tong Bor Tang and Grace Chang

0.232

0.3145

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1107

Bruce McGregor Fraser and Jane Edith Fraser

0.392

0.5314

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1108

Rajinder Paul Agnihotri and Usha Rani

Agnihotri

0.392

0.5314

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1109

Rajinder Paul Agnihotri and Usha Rani

Agnihotri

0.272

0.3687

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1201

Dennis Norman Searchfield, Anthea Searchfield and Stephen James Tee

0.395

0.5355

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1204

Christina Yun-Yuan Wang

0.355

0.4812

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1205

Leng Hua Tay

0.355

0.4812

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1206

Kian Yeow Andrew Ang and Siong Hoon Chua

0.355

0.4812

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1207

Miang Ser Kelvin Tan, Miang Kuan Dennis Tan and Margaret Teo

0.355

0.4812

Unrepresented

Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement. Ken

assign the benefit of the full amount of the proceeds received to the current unit owner (Ken), with the proceeds to be paid to the

1210

Wat Chun Keung and Mak Sau Ling

0.233

0.3159

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1211

Bruce Sidney Buchan, Margaret Eunice Buchan and Catherine Ann Atchison as trustees of the BSB Family Trust and the MEB Family Trust

0.355

0.4812

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1212

John George Macklow De Vere, Angelika De

Vere and John M Vincent Trustee Co Limited as trustees of the De Vere Family Trust

0.395

0.5355

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1214

Derek Stanley Thomas

0.355

0.4812

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1302

Thiam Wee Lee and Sock Kuan Lai

0.235

0.3186

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1304

Ronald McEwan and Joan McEwan

0.399

0.5409

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1306

Ernest Chungue and Lydie Chungue

0.359

0.4867

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1307

Michael George Holubowskyj and Pik Fung

Holubowskyj

0.399

0.5409

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1309

Peggy Pik-Yu Chan

0.235

0.3186

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1311

Brian Rene Gay Duffy and Carole Isabel Duffy

0.399

0.5409

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1312

Valerie Fearon, Toni Louise Fearon, Kate

Elizabeth Fearon and John Robin Holmes as trustees of the GNV Trust

0.399

0.5409

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1313

Hilary Nina Chidlow

0.399

0.5409

Unrepresented

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1401

Gary Claude Handley, Stephanie Majorie

Handley, S W Trust Services Limited and Patricia Anne Moore as trustees of the SM Handley Family Trust and the Northumberland Trust

0.402

0.5449

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1402

Seck Kong Wan and Bernadette Hewee Keng

Lee

0.236

0.3199

Price Baker Berridge

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement
 
W
1109

Rajinder Paul Agnihotri and

Usha Rani Agnihotri

 0.272 0.3687

$

15,565.38

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1201

Dennis Norman Searchfield,

Anthea Searchfield and Stephen
James Tee

0.395

0.5355

$

22,604.13

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1204

Christina Yun-Yuan Wang

0.355

0.4812

$

20,315.10

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1205

Leng Hua Tay

0.355

0.4812

$

20,315.10

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1206

Kian Yeow Andrew Ang and
Siong Hoon Chua

0.355

0.4812

$

20,315.10

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1207

Miang Ser Kelvin Tan, Miang Kuan Dennis Tan and Margaret Teo

0.355

0.4812

$

20,315.10

Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement. Ken

Weatherburn (represented by James Varney) is purchasing this unit with settlement due to take place on 21 April 2016. The vendor will assign the benefit of the full amount of the proceeds

received to the current unit owner (Ken), with

the proceeds to be paid to the Body Corporate and credited against remediation levies in accordance with unit entitlement.

1210

Wat Chun Keung and Mak Sau
Ling

0.233

0.3159

$

13,333.58

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1211

Bruce Sidney Buchan, Margaret

Eunice Buchan and Catherine Ann Atchison as trustees of the BSB Family Trust and the MEB Family Trust

0.355

0.4812

$

20,315.10

Paid to Body Corporate to be credited against owner's liability for remediation levies in

accordance with unit entitlement

1212

John George Macklow De Vere,

Angelika De Vere and John M Vincent Trustee Co Limited as trustees of the De Vere Family Trust

0.395

0.5355

$

22,604.13

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1214

Derek Stanley Thomas

0.355

0.4812

$

20,315.10

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement
1302

Thiam Wee Lee and Sock Kuan
Lai

0.235

0.3186

$

13,448.03

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1304

Ronald McEwan and Joan
McEwan

0.399

0.5409

$

22,833.03

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1306

Ernest Chungue and Lydie

Chungue

0.359

0.4867

$

20,544.01

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1307

Michael George Holubowskyj and Pik Fung Holubowskyj

0.399

0.5409

$

22,833.03

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1309

Peggy Pik-Yu Chan

0.235

0.3186

$

13,448.03

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1311

Brian Rene Gay Duffy and
Carole Isabel Duffy

0.399

0.5409

$

22,833.03

Paid to Body Corporate to be credited against owner's liability for remediation levies in

accordance with unit entitlement

1312

Valerie Fearon, Toni Louise

Fearon, Kate Elizabeth Fearon and John Robin Holmes as trustees of the GNV Trust

0.399

0.5409

$

22,833.03

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1313

Hilary Nina Chidlow

0.399

0.5409

$

22,833.03

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1401

Gary Claude Handley, Stephanie

Majorie Handley, S W Trust Services Limited and Patricia Anne Moore as trustees of the SM Handley Family Trust and the Northumberland Trust

0.402

0.5449

$

23,004.71

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1402

Seck Kong Wan and Bernadette
Hewee Keng Lee

0.236

0.3199

$

13,505.25

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1405

Leonard Ariff Abdul Shatar and

Elaine Bee Lian Saw

0.362

0.4907

$

20,715.68

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1407

Li Li Tan and Tsuey Ling How

0.362

0.4907

$

20,715.68

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement
1409

Siew Chong Goh, Moh Tee

Chiang and Khim Yeen Goh

 0.236 0.3199

$

13,505.25

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1411

Alan Bruce Reid and Jeannette
Rhondda Reid

0.362

0.4907

$

20,715.68

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1412

Alfred Daudet Leogite and

Julienne Bernadette Leogite

0.402

0.5449

$

23,004.71

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1501

Trevor Kenneth McMiken and
Gaylene Iris McMiken

0.365

0.4948

$

20,887.36

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1505

Brian Rene Gay Duffy and
Carole Isabel Duffy

0.405

0.5490

$

23,176.39

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1506

Jean Lai Woa

0.405

0.5490

$

23,176.39

Paid to Body Corporate to be credited against owner's liability for remediation levies in

accordance with unit entitlement

1510

Jan Elmer Meijer

0.238

0.3226

$

13,619.70

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1512

Country Life Limited

0.365

0.4948

$

20,887.36

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1514

Lydford Investments Limited

0.365

0.4948

$

20,887.36

Paid to Body Corporate to be credited against owner's liability for remediation levies in

accordance with unit entitlement

1601

Chee Chong Yim

0.408

0.5531

$

23,348.06

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1602

Ping Sum Fong

0.24

0.3253

$

13,734.16

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1604

Iain Mark Grist and Karen Ann
Triggs

0.368

0.4989

$

21,059.04

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1607

King Sun Chu

0.368

0.4989

$

21,059.04

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement
1608

Roger David Conder, Victoria Jane Conder and Robert Christopher Malcolm Trustee Co

Limited as trustees of the RSTV Trust

 0.368 0.4989

$

21,059.04

 Paid to Body Corporate to be credited against owner's liability for remediation levies in accordance with unit entitlement

1609

Ivan Yiu Kwok Lee and Lai Ming

Lee

0.28

0.3796

$

16,023.18

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1611

Peter Seng Yap

0.408

0.5531

$

23,348.06

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1612

James Anthony Lisle and Julia

Sarah Margaret Victoria Lisle

0.408

0.5531

$

23,348.06

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1613

Teng Kok Tay and Ah Pang Tan

0.368

0.4989

$

21,059.04

Paid to Body Corporate to be credited against owner's liability for remediation levies in

accordance with unit entitlement

1705

Liliane Laine-Mutlu

0.395

0.5355

$

22,604.13

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1708

Robin Douglas Somerville,

Allison Elizabeth Somerville and Wynyard Wood Trustee Services Limited as trustees of the Somerville Family Trust

0.411

0.5571

$

23,519.74

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1713

Raymond Chong and Pauline
Janice Chong

0.452

0.6127

$

25,865.99

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1804

Christopher Dodson Taylor,

Jennifer Anne Taylor and Malcolm David Whitlock as trustees of the Rolyat Family Trust

0.415

0.5626

$

23,748.64

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1805

Genesis Alpha Incorporated

0.375

0.5083

$

21,459.62

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1806

Genesis Alpha Incorporated

0.375

0.5083

$

21,459.62

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement
1807 Chin Yue Cherry Poon 0.415 0.5626

$

23,748.64

Paid to Body Corporate to be credited against owner's liability for remediation levies in

accordance with unit entitlement

1810

Kumaran Nair

0.283

0.3836

$

16,194.86

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1812

Jian Zhong Zhang

0.375

0.5083

$

21,459.62

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1814

Simon Yu Lun Wong

0.415

0.5626

$

23,748.64

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1905

Siew Hoon Ng

0.378

0.5124

$

21,631.29

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1910

Mervyn Coates and Adrienne

Coates

0.285

0.3863

$

16,309.31

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1912

M M Spencer Limited

0.418

0.5666

$

23,920.32

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1913

V C Limited

0.418

0.5666

$

23,920.32

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

1914

Peter Frederick Smith and Ian

James Smith as trustees of the

Starlight Trust

0.418

0.5666

$

23,920.32

Paid to Body Corporate to be credited against owner's liability for remediation levies in

accordance with unit entitlement

20C

Ian Robert Hendry, Anthony

Clive Sandlant and Erich Bachmann as trustees of the Glencairn Trust

1.7

2.3045

$

97,283.60

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

20D

Kevin Christopher Byrne,

Frances Mary Byrne and Michael Grant Ring as trustees of the Byrne Family Trust

1.7

2.3045

$

97,283.60

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement

20E

Rebnik Properties Limited

1.499

2.0320

$

85,781.24

Paid to Body Corporate to be credited against

owner's liability for remediation levies in accordance with unit entitlement
Former Owner Loss on Sale Second Plaintiffs / Vendors

205

Hermes Thamrin

0.321

0.4351

$

18,369.43

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs.
211

Hermes Thamrin

0.321

0.4351

$

18,369.43

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs.

305

Hermes Thamrin

0.326

0.4419

$

18,655.56

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs.

312

Syed Fadzil Bin Syed Ahmad and Nur Aliza Lee Binti Abdullah

/ ANZ Bank

0.326

0.4419

$

18,655.56

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs.

403

Stuart Illingworth and Diane
Elizabeth Illingworth

0.262

0.3552

$

14,993.12

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs.

407

Hermes Thamrin

0.33

0.4473

$

18,884.46

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs.

512

Ramesh Laloo Bhoola

0.373

0.5056

$

21,345.17

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs.

611

Lusy Sunoso

0.336

0.4555

$

19,227.82

Business Administration Services nominated as

purchaser. Payment to be paid to Body Corporate to be credited to the apartment's share of the remediation costs, including any surplus.

805

Richard William Bamford and Hala Mohamed Atef Abdel- Hamid

0.343

0.4650

$

19,628.40

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs, including any surplus.

810

Biljana Andonoska

0.227

0.3077

$

12,990.22

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs.

904

Stuart William Saunders and
Elizabeth Hilary Saunders

0.37

0.5016

$

21,173.49

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs.

907

Dhaneshwar Maharaj,

Hemchund Ganessunker Maharaj and Hemsunker Maharaj

0.386

0.5233

$

22,089.10

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs.
1104

Kevin John Williams and Julieta
Marie Williams

0.352

0.4772

$

20,143.43

Pay the second plaintiff's share to the Body Corporate to be credited to the apartment's share of the remediation costs (pursuant to the

settlement agreement).

1110

HKN4 Limited as trustee of the G
& J Family Trust

0.232

0.3145

$

13,276.35

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs.

1111

HKN4 Limited as trustee of the G
& J Family Trust

0.352

0.4772

$

20,143.43

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs.

1308

Donald Blair Webster

0.399

0.5409

$

22,833.03

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs.

1403

Daniel James Logue, Karen Ann

Logue and Brett Anthony Norris as trustees of the Long Bay Trust

0.236

0.3199

$

13,505.25

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs, including any surplus.

1404

Daniel James Logue, Karen Ann

Logue and Brett Anthony Norris as trustees of the Long Bay Trust

0.402

0.5449

$

23,004.71

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs, including any surplus.

1414

Patricia Anne Moore

0.402

0.5449

$

23,004.71

Pay the second plaintiffs' share to the Body

Corporate to be credited to the apartment's share of the remediation costs.

1511

 Alan Millar Parker and Mervyn Paul Huxford, Clarissa Williams Parker as trustees of the Parker Family Trusts Partnership

0.446

0.6046

$

25,522.64

 Pay the second plaintiff's share to the Body Corporate to be credited to the apartment's share of the remediation costs (pursuant to the settlement agreement).

1513

Dale Paretovich, Nerida Marie

Bartlett and Murray Alan Hilder as trustees of the Paretovich Bartlett Family Trust

0.446

0.6046

$

25,522.64

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs (pursuant to the settlement agreement).

1610

James Webley and Jo-ann Day

0.24

0.3253

$

13,734.16

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs.

1614

Kowhai Property Investments

Limited

0.408

0.5531

$

23,348.06

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs (pursuant to the settlement agreement).
1701 Algar Apartments Limited
1702

Algar Apartments Limited

0.281

0.3809

$

16,080.41

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs.

1710

Anne Elizabeth Lethaby and

Angus James Brodie

0.241

0.3267

$

13,791.38

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs.

1711

Anne Elizabeth Lethaby and
Angus James Brodie

0.411

0.5571

$

23,519.74

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs.

1811

Gregory Shaun Sweeney,

Susanne Alexandra Sweeney

and Brent Alexander John Taylor as trustees of the Sweeny

Family Trust

0.375

0.5083

$

21,459.62

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs.

1908

Christopher Manyweathers

0.418

0.5666

$

23,920.32

Pay the second plaintiff's share to the Body

Corporate to be credited to the apartment's share of the remediation costs.

1909

Owen Sydney Mete, Patricia Lee
Mete and Bruce Charles d'Young

0.245

0.3321

$

14,020.28

Pay the second plaintiffs' share to the Body

Corporate to be credited to the apartment's share of the remediation costs.
 
0.411       0.5571                  $

23,519.74

Pay the second plaintiff's share to the Body Corporate to be credited to the apartment's share of the remediation costs.

78.6726

Split / Other payments

Share of second

plaintiff

distribution
(total)

Payment

Payment
2

Residue
4,221,478.75
209

Barry Alfred Ian Lynch

0.361

0.4894

$

20,658.46

$

10,000.00

ECD

$

10,658.46

BC

Pay $10,000 to Edward Clark Dickie's trust account for

the benefit of second plaintiff. The balance (if any) is to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

210

Barry Alfred Ian Lynch

0.361

0.4894

$

20,658.46

$

10,000.00

ECD

$

10,658.46

BC

Pay $10,000 to Edward Clark Dickie's trust account for

the benefit of second plaintiff. The balance (if any) is to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

303

Kenneth John Beukema

0.259

0.3511

$

14,821.44

$

10,614.97

Duthie
Whyte

$

4,206.47

BC

Pay to Duthie Whyte's trust account the sum of

$10,614.97 (inclusive of any disbursements, GST or tax) for the benefit of Mr Beukema. The balance to be paid to the Body Corporate and credited to the Unit’s share of the remediation costs.

404

Terence

Joseph Carter and Kaye Maree Carter

0.37

0.5016

$

21,173.49

$

21,173.49

ECD

 x

x

Pay full balance of unit entitlement to Edward Clark

Dickie's trust account for the benefit of second plaintiff. No funds allocated to the purchaser.

502

Grose

Investments
Limited

0.222

0.3009

$

12,704.09
508

Paul

Lissoux and Blandine Sine

Lissoux

0.357

0.4839

$

20,429.56

$

19,396.00

ECD

$

1,033.56

BC

Pay up to $19,396.00 to Edward Clark Dickie's trust

account. The balance (if any) is to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

513

Kenneth John Beukema

0.373

0.5056

$

21,345.17

$

16,748.41

Duthie
Whyte

$

4,596.76

BC

Pay to Duthie Whyte's trust account the sum of

$16,748.41 (inclusive of any disbursements, GST or tax) for the benefit of Mr Beukema. The balance to be paid to the Body Corporate and credited to the Unit’s share of the remediation costs.
514

Kanti Daya

Bhoda

 0.333 0.4514

$

19,056.14

$

7,936.18

 ?

$

11,119.96

 BC

Pay up to $7,936.18 to the second plaintiff. The balance

to be paid to the Body Corporate and credited to the apartment's share of the remediation costs

601

Phillip

Kenneth Hulme and Margaret Hulme

0.336

0.4555

$

19,227.82

$

15,708.80

ECD

$

3,519.02

BC

Pay $15,708.80 to Edward Clark Dickie's trust account for

the benefit of second plaintiff. The balance (if any) is to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

707

Harry Clive
Kelly

0.339

0.4595

$

19,399.49

$

9,452.44

?

$

9,947.05

BC

Pay $9,452.44 to the second plaintiff. The balance to be

paid to the Body Corporate and credited to the apartment's share of the remediation costs.

712

Yon Yi

Sohn

0.339

0.4595

$

19,399.49

$

15,000.00

?

$

4,399.49

BC

Pay $15,000 to the second plaintiff. The balance to be

paid to the Body Corporate and credited to the apartment's share of the remediation costs.

713

Alick

Nichols Wilson and Jacqueline May Wilson

0.379

0.5138

$

21,688.52

$

21,688.52

?

$

-

x

Pay up to $25,397.20 to the second plaintiff. The balance

(if any) is to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

807

Graham

John Cross, Winsome Patricia Cross and Christopher John Davis as trustees of the Bellbird Trust

0.343

0.4650

$

19,628.40

$

19,628.40

ECD

$

-

x

Pay $31,157.09 to Edward Clark Dickie's trust account for

the benefit of second plaintiff. The balance (if any) is to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

811

Buchan

Estate
Limited

0.343

0.4650

$

19,628.40

$

19,628.40

ECD

 x

x

Pay full balance of unit entitlement to Edward Clark

Dickie's trust account for the benefit of second plaintiff. No funds allocated to the purchaser.

812

Janice Ward

and Hugh Owen Cooney as trustees of the Diabron Trust

0.343

0.4650

$

19,628.40

$

19,628.40

ECD

 x

x

Pay full balance of unit entitlement to Edward Clark

Dickie's trust account for the benefit of second plaintiff. No funds allocated to the purchaser.

813    Rundle Investments Limited Terrence Frederick Condon and Raewyn

Dell

0.343    0.4650  $

19,628.40

$

$

11,660.73

$

?  $

7,967.67

$

BC        Pay $11,660.73 to the second plaintiff. The balance to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

Pay $15,000 to the second plaintiff. The balance to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

901

908

909

Condon          0.386     0.5233

Maurice Joseph Batey and

Kaylene Joy

Batey             0.386     0.5233

Maree
Catherine

Hood              0.228     0.3091

22,089.10

$

22,089.10

$

13,047.45

15,000.00     ?

$

15,000.00     ECD

$

13,047.45     ECD

7,089.10     BC

$

7,089.10     BC

$

-    x

Pay $15,000.00 to Edward Clark Dickie's trust account for the benefit of second plaintiff. The balance (if any) is to

be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

Pay $15,000.00 to Edward Clark Dickie's trust account for the benefit of second plaintiff. The balance (if any) is to

be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1013    John Allan       0.389     0.5273

Colin Alexander Buchanan, Dorothea Frederique Buchanan and Kenneth Alfred Eaves as trustees of the Zander

$

22,260.78

$

$

22,260.78

$

John

Allan  x    x

$

Pay the second plaintiff, John Allan. ACC: 587 019 282

833 (NZ$ Savings) Swift Code: HSBCHKHHHKH.

Pay $15,500.88 to Edward Clark Dickie's trust account for the benefit of second plaintiff. The balance (if any) is to

be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1101

Trust               0.392     0.5314

22,432.45

15,500.88     ECD

6,931.57     BC

1102

Colin

Alexander Buchanan, Dorothea Frederique Buchanan and Kenneth Alfred Eaves as trustees of the Zander Trust

 0.232 0.3145

$

13,276.35

$

12,748.20

 ECD

$

528.15

 BC

Pay $12,748.20 to Edward Clark Dickie's trust account for

the benefit of second plaintiff. The balance (if any) is to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1106

Kok Seng

Chua and Geok Kwan Quek

0.352

0.4772

$

20,143.43

$

20,143.43

?

$

-

BC

Pay up to $29,069.13 to the second plaintiff. The balance

(if any) to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1112

Alexander

William Stewart and Joanne Stewart

0.352

0.4772

$

20,143.43

$

15,000.00

ECD

$

5,143.43

BC

Pay $15,000.00 to Edward Clark Dickie's trust account for

the benefit of second plaintiff. The balance (if any) is to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1213

John Hight

Gray and Shirley Rae Gray

0.395

0.5355

$

22,604.13

$

15,000.00

?

$

7,604.13

BC

Pay $15,000 to the second plaintiff. The balance to be

paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1301

Steven

Chor-Hung Leung, Alaine Karen Bradshaw

and Fisher

Partners Trustees Limited as trustees of the 154

Trust

0.359

0.4867

$

20,544.01

$

15,000.00

?

$

5,544.01

BC

$15,000 to be paid to the second plaintiff. The balance to

be paid to the Body Corporate and credited to the apartment's share of the remediation costs.
1303

Murray

Mackay

Hing

 0.275 0.3728

$

15,737.05

$

15,000.00

 ECD

$

737.05

 BC

Pay $15,000.00 to Edward Clark Dickie's trust account for

the benefit of second plaintiff. The balance (if any) is to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1305

Linda Irene

Dalbeth and Graeme John Hill

0.399

0.5409

$

22,833.03

$

15,000.00

?

$

7,833.03

BC

Pay $15,000 to the second plaintiff. The balance to be

paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1314

R S J P Investments Limited

0.399

0.5409

$

22,833.03

$

15,972.89

ECD

$

6,860.14

BC

Pay $15,972.89 to Edward Clark Dickie's trust account for

the benefit of second plaintiff. The balance (if any) is to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1408

M & H

Trustee Services Limited and Kevin John Plummer

0.362

0.4907

$

20,715.68

$

20,715.68
1413

Saxon Sein

and Candy
Sein

0.402

0.5449

$

23,004.71

$

15,000.00

?

$

8,004.71

BC

Pay $15,000 to the second plaintiff. The balance to be

paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1704

Wendy Gertrude Ormond

0.371

0.5029

$

21,230.72

$

16,492.79

ECD

$

4,737.93

BC

Pay $16,492.79 to Edward Clark Dickie's trust account for

the benefit of second plaintiff. The balance (if any) is to be paid to the Body Corporate and credited to the

apartment's share of the remediation costs.

1709

Rosemary

Aura Black, Briar Poole- Rasmussen and Weston Clyde Colson as trustees of the Rosemary Black Family

Trust

0.265

0.3592

$

15,164.80

$

13,782.37

?

$

1,382.43

BC

Pay up to $13,782.37 to the second plaintiff. The balance

(if any) is to be paid to the body corporate and credited to
the apartment’s share of the remediation costs.
1712

Kok Keng

Lawrence Tan and Meng Kuang Ellen Liao

 0.411 0.5571

$

23,519.74

$

23,519.74

 BC

Proceeds of seond plaintiffs' claim (less legal costs and

disbursements) shall be paid to the Body Corporate to be credited to the apartment's share of the remediation costs. Purchaser responsible for levies after settlement.

1801

Allan

Richard Nicholas and Bruce Raymond Sheppard

0.415

0.5626

$

23,748.64

$

23,748.64

?

$

-

x

Pay up to $26,024.25 to the second plaintiff. The balance

(if any) to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1802

Allan

Richard Nicholas and Bruce Raymond Sheppard

0.243

0.3294

$

13,905.83

$

13,905.83

?

$

-

x

Pay up to $24,052.01 to the second plaintiff. The balance

(if any) to be paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1901

Michael

Alan Hall and June Lorraine Hall

0.418

0.5666

$

23,920.32

$

15,000.00

?

$

8,920.32

BC

Pay $15,000 to the second plaintiff. The balance to be

paid to the Body Corporate and credited to the apartment's share of the remediation costs.

1903

Robert John

Henderson and Oi Fan Fanny Lai

0.285

0.3863

$

16,309.31

$

16,309.31

ECD

 x

x

Pay full balance of unit entitlement to Edward Clark

Dickie's trust account for the benefit of second plaintiff. No funds allocated to the purchaser.

1904

Robert John

Henderson and Oi Fan Fanny Lai

0.418

0.5666

$

23,920.32

$

15,000.00

?

$

8,920.32

BC

Pay $15,000 to the second plaintiff. The balance is to be

paid to the body corporate and credited to the apartment’s

share of the remediation costs.
0.418 0.5666 $ $ ECD $ Simpson $ BC Pay $17,637.41 to Edward Clark Dickie's trust account for
23,920.32 17,637.41 2,846.09 Western 3,436.82 the benefit of the second plaintiffs. Pay $2,846.09 to Mike
Warren c/- Simpson Western. The balance (if any) is to
be paid to the Body Corporate and credited to the
apartment’s share of the remediation cost.
 
1907

Simon Guy

Upton, Han Kyung-Mi and John M Vincent Trustee Co Limited as trustees of the Hanton Investments (NZ) Trust

& sold to

MW Property Trust
20F

Fortune

Holdings
Limited

1.78

2.4129

$

101,861.65

BC

$

101,861.65

vendor

Pay the second plaintiff's share to the Body Corporate to

be credited to the apartment's share of the remediation costs. Any surplus to be paid to the vendor.
Actions
Download as PDF Download as Word Document
Cases Citing This Decision

1

Body Corporate 207624 v Grimshaw & Co [2020] NZHC 34
Cases Cited

0

Statutory Material Cited

0