New Zealand Law
Have New Zealand Law Questions? Ask a Lawyer Online.
if you had won on some issues, then you could raise that point. That is usually the only point to oppose court costs
not many lawyers do civil legal aid cases but perhaps a link to the website will give you a list of names.
There are a lot of names there I realise, but I am still of the view your case is too weak to get legal aid
Those papers do show the problems which can arise with body corporates, but you must deal with the facts of your case. You need to look forward to getting votes at the next body corporate AGM, but if you do not have the numbers to support you this will be a lost cause
That would be not a good idea because you have already tried to do that but not sucessfully. To file a freash case would be difficult and end up with a similar result. You are much better off getting the other owners to join with you and outvote at the next AGM to gain control of the Body Corporate
That may be too late because you cannot assign an asset within a few months of bankruptcy, as then the Official Assignee in bankruptcy can set aside the transaction.
But your cause of action as described by the judge does accuse the body corporate of not doing its job, which is really saying negligence
The Official Assignee can overturn any transaction within two years of bankruptcy. Once costs are fixed, which i expect will be pretty soon, then it would take aboyt two months to reach the stage of bankruptcy applications, and so any transaction now will be looked at.
While that is correct, about you should have sued the body corporate, it will only further create problems and be provocative. You stand, at present a good chance of losing your house.
Have you thought about mediation to resolve these problems rather than court cases?
There are two aspects to any mediation. The first is the particular issues that you will have with the body corporate and other parties and any liability for costs and other issues. The second aspect is the wider dissatisfaction with the performance of the body corporate and management. Those two parts likely need to be separated, but could still be mediated. There are many commercial mediators around who would be able to help and I suggest you start with the list from this site http://www.aminz.org.nz/Person?Action=List&Confirm=PostBack&DataFilter_id=16&DFF_39=303&DFF_41=%5BAny%5D&DFF_249=%5BAny%5D&DFF_250=%5BAny%5D&DFF_250=%5BAny%5D&DataFilter_Find=
You can just click on that link