Duty of Care?

The High Court has held (Singh v Boutique Body Corporate Limited [2019] NZHC 1707 19/07/19) that members of a body corporate committee owe no duty to a member disgruntled at paying levies to repair weathertightness issues.  It is the latest, but presumably final step in the saga of Mrs Singh (bankrupted before the Court issued its judgment).  Associate Judge Bell struck out her claims against the body corporate’s manager, holding that it owed duties to the body corporate (of which Mrs Singh is a member) but not her personally; and against the members of the committee, because they assumed no responsibility toward her, particularly when committee decisions are confirmed by the majority of the body corporate members.

Members of bodies corporate who sit on committees should take comfort from the judge’s well-reasoned decision.