LT2 Strata Property Management Ltd v Body Corporate 358570 2019 NZDC 9240

Published 08 August 2019

Appeal Tenancy Tribunal — procedure of body corp — Unit Titles Act 2010 — Residential Tenancies Act 1986 — District Court Rules 2014, r 18.9 — Li v Chen [2018] NZHC 2843 — Paper Reclaim Limited v Aotearoa International Ltd (Further Evidence) (No 2) [2007] NZSC 1 — Unit Titles Regulations 2011. Two appeals were sought between the same parties, in which, the appellant challenged the procedure of the body corporate in approving annual budgets and consequent levies on unit owners. The first appeal, relating to unpaid body corporate levies, was effectively discontinued and accordingly dismissed by the Judge, with costs reserved. The second appeal turned on the issue of whether the annual budget levy raised subject to a resolution was passed by the requisite majority (75 per cent of the body corporate members) at the 2015 AGM . However, this issue would be a new ground of appeal as it was not raised at the Tenancy Tribunal. The Judge cited the applicable case law in holding that the appellant could not introduce this new ground of appeal; there was an opportunity for this evidence to be given before the Tribunal and to admit it now may require it to be remitted back to the Tribunal for a re-hearing, which would attract further costs to the other members of the body corporate. The Judge further noted that had leave been granted, their view was the budgets were properly ratified. Judgment Date: 17 May 2019.