John Gilbert and QSM Trustee Ltd v Body Corporate 162791

[2015] NZSC 133

IN THE SUPREME COURT OF NEW ZEALAND

SC 59/2015
[2015] NZSC 133

BETWEEN

JOHN GILBERT
First Applicant

QSM TRUSTEE LTD (IN RECEIVERSHIP AND IN LIQUIDATION)
Second Applicant

AND

BODY CORPORATE 162791
Respondent

Court:	Glazebrook, Arnold and O’Regan JJ
Counsel:	D J Chisholm QC and S M Jass for First Applicant J Anderson and T J G Allan for Respondent
Judgment:	4 September 2015

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted (Body Corporate 162791 v Gilbert [2015] NZCA 185).

BThe approved questions are whether the Court of Appeal was right:

(i)to hold that the first applicant was personally liable under s 32(5) of the Receiverships Act 1993 to pay body corporate levies to the respondent in relation to the second applicant’s units; and

(ii)to find that the first applicant had no arguable claim for relief from personal liability under s 32(7) of the Act.

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Solicitors:
Tompkins Wake, Hamilton for First Applicant
Grove Darlow & Partners, Auckland for Respondent