New Zealand appellate courts delivered significant judgments just before Xmas in the never-ending leaky building saga.
District Court civil jurisdiction increased to $350k
Construction professionals' work now subject to Construction Contracts Act
Leaky schools case against cladding manufacturer cleared for trial
Take Care in Lighting Fires
Owners in Body Corporate Complexes can't "cherry pick" levies
OWNERS’ REPAIR RIGHTS TRUMPED BY BODY CORPORATE’S
UNIT OWNERS STUCK WITH UNEVEN DIVISION OF PRIVATE/COMMON PROPERTY
In Body Corporate 204299 & Sayer v Whyte & Ors [2016] NZHC 1164 the High Court held that where the division of property between private and common property in a body corporate complex are ‘skewed’ in favour of some owners, the court will not intervene to ameliorate its effect on other owners when the complex is being repaired, as to do so would disturb the contractual rights which the owners acquired when buying into a unit title development.
