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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22322
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have an adjudication award as a contractor owed money by

Customer Question

I have an adjudication award as a contractor owed money by a Bodycorp for remedial works carried out. They have refused to pay the adjudicators award so I have issued a statutory demand to which they have said, fine, wind us up. How can we get our money out of a bodycorp??
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
With a body corporate under the Unit Titles Act there is no concept of a statutory demand. What you need to do is to appoint an administrator by an application to the High Court. The administrator will take over the powers and duties of the body corporate, and be able to enforce collection of the outstanding amount from the individual unit title owners within the body corporate. The relevant section of the act is as follows:-141Appointment of administrator(1)The body corporate, a creditor of the body corporate, or any person having a registered interest in a unit, may apply to the High Court for the appointment of an administrator.(2)In the case of a layered development,—(a)a head body corporate or parent body corporate may apply to the High Court for the appointment of an administrator of any 1 of its subsidiaries:(b)a subsidiary body corporate may apply to the High Court for the appointment of an administrator of its parent body corporate.(3)The High Court may, in its discretion on cause shown, appoint an administrator for an indefinite period or for a fixed period on such terms and conditions as to remuneration or otherwise as it thinks fit.(4)The remuneration and expenses of the administrator are to be met out of the operating account.(5)The administrator, to the exclusion of the body corporate and the body corporate committee, has and may exercise the powers of the body corporate and the committee, and is subject to the duties of the body corporate and the committee, or such of those powers and duties as the High Court orders.(6)The administrator may, in writing, delegate any of the powers vested in the administrator and may revoke any delegation at any time.(7)The High Court may, in its discretion on the application of the administrator or any other person referred to in subsection (1), remove or replace the administrator.(8)On any application made under this section the High Court may make any order for the payment of costs as it thinks fit.(9)As soon as an administrator is appointed, the administrator must lodge with the Registrar a sealed copy of the order of the High Court making the appointment.
Expert:  Chris The Lawyer replied 1 year ago.
You will need to instruct a lawyer to do this because high court litigation is generally best handled by someone experienced.
Expert:  Chris The Lawyer replied 1 year ago.
My answers are ready to rate now so you can accept them
Customer: replied 1 year ago.
thank you.
Expert:  Chris The Lawyer replied 1 year ago.
I hope this was useful

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