What was the outcome of Tenancy Tribunal case 9045264?

The tribunal order states: The application is referred to mediation with the agreement of the parties.

How much money was awarded in case 9045264?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 9045264?

The primary dispute was Unit Titles.

Where can I read the official tribunal order for case 9045264?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10469730-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9045264?

The tribunal order states: The application is referred to mediation with the agreement of the parties.

How much money was awarded in case 9045264?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 9045264?

The primary dispute was Unit Titles.

Where can I read the official tribunal order for case 9045264?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10469730-UTA_Tribunal_Order.pdf.

Invercargill, Invercargill Tenancy Tribunal Case 9045264 — Unit Titles

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Order

The application is referred to mediation with the agreement of the parties.
Another hearing can be scheduled if the dispute is not resolved.

Reasons

This is an application made by one of the unit owners, Cazna McCallum (who resides in Australia), by her representative Trudy Ophuis, another unit owner.
The application states the body corporate to be the applicant, but that is not correct.
There are 9 units in this body corporate development. 6 units on the ground floor are rented as retail shops. There are 3 apartments on the upstairs level – one owned by Mrs Ophuis and her husband through the Henryanne Family Trust; one owned by Cazna McCallum through her company Katope NZ Ltd; and one owned by Esk Lane Ltd, of which Mr Maitland Booth is a director.
Mr Booth/Esk Lane Ltd owns the 6 retails units, so owns 7 of the 9 units in total.
Mr and Mrs Ophuis attended the hearing today as did Mr Booth with counsel Mr Chapman and Mr Pearce.
The body corporate has not held an AGM since 2020. Apart from governance issues, there are levy issues to be decided arising from significant work at the development some of which is a consequence of a hotel development next door.
There are Council restrictions on the leasing of the apartment units, effectively preventing the unit owners from leasing them.
The parties agreed to attend mediation. A previous suggestion of mediation did not progress. Since then, there has been a change of ownership of some of the units. Also, with the involvement of counsel, agreements might be more easily reached.
A mediator will contact the parties to arrange mediation. If the dispute is not resolved (or only resolved in part) the application will be set for hearing again.
If a hearing is required, the application will be amended to show the parties as the unit owners Cazna McCallum/Katope NZ Ltd and Trudy and Ron Ophuis as trustees, as applicants, v BC 14605 and Esk Lane Ltd, as respondent.

Tenancy Tribunal case 9045264 — Unit Titles in Invercargill, Invercargill

At a glance

Tenancy Tribunal case 9045264 — Unit Titles in Invercargill, Invercargill

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions