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Yee Good Fortune Investments Limited v Body Corporate 392619 [2016] NZDC 14692

Published 07 December 2016

Appeal from Tenancy Tribunal — Unit Titles Act 2010, ss 74, 108, 118 and 138 — Residential Tenancies Act 1986, ss 85 and 118. An appeal from a decision of the Tenancy Tribunal was dismissed. The issues determined on appeal were whether the body corporate committee had the power to pass the levy in dispute, and if it did have that power under the Unit Titles Act, whether the procedures and requirements of that statute were followed. The Judge determined that the Tribunal had exercised its jurisdiction appropriately in light of s 85, and was not persuaded the Tribunal's decision was in error. That decision having found that the body corporate committee was duly appointed and had the power to act as it did. Judgment Date: 5 August 2016.

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