Body Corporate 185632 v Thadhani [2012] NZHC 1576 (4 July 2012)

Last Updated: 8 September 2012

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV 2011-404-3260 [2012] NZHC 1576

UNDER the Unit Titles Act 1972

IN THE MATTER OF an Originating Application for orders establishing a scheme under s 48 Unit Titles Act 1972

BETWEEN BODY CORPORATE 185632

Applicant

AND SURESH MOHANIAL THADHANI AND URMINA SURESH THADHANI

First Respondents

AND RICHARD LOSE Second Respondent

AND HYANG SOOK KWON AND HYUN JOO LEE

Third Respondents

AND SUZANE JOAN COWAN Fourth Respondent

AND PHILIP JAMES TOMLINSON Fifth Respondent

AND TERRY JOHN SKILTON Sixth Respondent

AND BOSANQUET TRUSTEE LIMITED Seventh Respondent

AND VINKO PRKUSIC Eight Respondent

AND EMMA LOUISE CANNON-DAVIS Ninth Respondent

AND HOLODECK LIMITED Tenth Respondent

BODY CORPORATE 185632 V THADHANI HC AK CIV 2011-404-3260 [4 July 2012]

AND YAJIE ZHANG Eleventh Respondent

AND JOHN CHARLES SCHROEDER AND WAN LEE SCHROEDER

Twelfth Respondents

AND NICHOLAS CHARLES KORENEFF AND GALINA FILATOVA

Thirteenth Respondents

AND ALLISON MURIEL DOBBIE Fourteenth Respondent

AND PATRICIA ANN MATHER Fifteenth Respondent

AND BRIAN RAY DEADMAN Sixteenth Respondent

AND MICHAEL ROBINSON AND KATHLEEN RUSHWORTH Seventeenth Respondents

AND FIONA ELIZABETH DE JARDINE Eighteenth Respondent

AND TRAVIS T DUNBAR AND JACKSON RUSSELL TRUSTEE SERVICES LIMITED

Nineteenth Respondents

AND WIBER NOEL CHOAT AND LINLEY ANN CHOAT

Twentieth Respondents

AND HEATHER ANNE JOHNSTON AND RONALD JOHNSTON

Twenty-First Respondents

AND COMMUNICATIONS INVESTMENTS LIMITED

Twenty-Second Respondent

AND BAILEY BEACH INVESTMENTS LIMITED

Twenty-Third Respondent

AND PETER LAWRENCE WATTS, SONIA GEORGIA WATTS AND ACE TRUSTEE

SERVICES LIMITED Twenty-Fourth Respondents

AND PHILIP WILLIAM CROW Twenty-Fifth Respondent

AND DOWNTOWN INVESTMENTS LIMITED

Twenty-Sixth Respondent

AND WESTPAC NEW ZEALAND LIMITED Twenty-Seventh Respondent

AND ANZ NATIONAL BANK LIMITED Twenty-Eighth Respondent

AND BANK OF NEW ZEALAND Twenty-Ninth Respondent

AND ASB BANK LIMITED Thirtieth Respondent

AND VERO INSURANCE NEW ZEALAND LIMITED

Thirty-First Respondent

Hearing: (on the papers)

Appearances: D Bigio and V J Toan for Applicant

D Connor and J S Campion for 25th Respondent

Judgment: 4 July 2012

_{JUDGMENT OF PETERS J}

This judgment was delivered by Justice Peters on 4 July 2012 at 4:30 pm pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date: ...................................

Counsel: D R Bigio, Barrister, Auckland: [e-mail]

_{D Connor, Barrister, Auckland:} [e-mail]

Solicitors: Glaister Ennor, Auckland: [e-mail] / [e-mail]

Brian Fox, Auckland; [e-mail]

[1] The Applicant has sought an order approving a scheme pursuant to s 48 Unit Titles Act 1972 (“Act”). I delivered a judgment on 15 June 2012, in which I said that I would approve the scheme that the Applicant had been proposed, subject to particular amendments.

[2] The Applicant has since filed and served a memorandum dated 22 June 2012, together with a revised scheme, amended as I proposed. Counsel for the 25th Respondent, who opposed the making of the order as regards aspects of the scheme first proposed, has advised that he has no objection to the proposed revisions.[1]

[3] I am satisfied that, as amended, the scheme meets the requirements of s 48 of the Act. Accordingly, pursuant to s 48(1) of the Act I make an order settling the scheme in the terms annexed to the memorandum of counsel for the Applicant dated

22 June 2012.

..................................................................

_{M Peters J}

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[1] Memorandum of Counsel for Twenty Fifth Respondent, 2 July 2012.