What was the outcome of Tenancy Tribunal case 9054404?

The tribunal order states: The Tribunal will close this file unless the applicant files an amended claim setting

How much money was awarded in case 9054404?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 9054404?

The primary dispute was Unit Titles.

Where can I read the official tribunal order for case 9054404?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11652123-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9054404?

The tribunal order states: The Tribunal will close this file unless the applicant files an amended claim setting

How much money was awarded in case 9054404?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 9054404?

The primary dispute was Unit Titles.

Where can I read the official tribunal order for case 9054404?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11652123-Tribunal_Order.pdf.

Eden Terrace, Auckland Tenancy Tribunal Case 9054404 — Unit Titles

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Reasons

This matter was before me today for hearing.

Alina Fedorova, the body corporate’s chairperson attended the hearing for the body corporate.

None of the purported respondents attended.

The body corporate claims in the order of $100,000 which is missing from the body corporate’s long term maintenance fund. It also wants an order the purported respondents release the body corporate’s financial records.

The claim cannot proceed against the body corporate manager, Haven Living Management Limited because it is in liquidation. Proceedings against it must be stayed. It would require leave of the High Court or the liquidators’ consent for proceedings to be allowed.

Nor can the claim proceed against the other named parties. They were Haven Living Management’s directors, shareholders, officers, or employees. As Cooke P (as he then was) said: It is "elementary" law that "an incorporated company and any shareholder are separate legal entities, no matter that the shareholder may have absolute control." 1

The named persons are protected by the “corporate veil”. There are limited exceptions to this principle such as fraud, misrepresentation, breach of fiduciary duty, or assumption of risk. However, no exceptions have been pleaded in this case.

Moreover, even if an exception existed, it is not clear that the Tribunal would have jurisdiction to hear the claim because the company’s directors et al are not an eligible party such as a body corporate manager. 2 The claim might belong in the Disputes Tribunal or the courts.

Ms Fedorova asked for time to take legal advice. That is perfectly reasonably. I had considered setting the matter down for another case conference. Instead of that, I am going to make a Closed Unless order. That means that the body corporate may file an amended claim setting out the basis for continuing its claim within the next month. Otherwise the file will be closed.

Reasons

This matter was before me today for hearing.

Alina Fedorova, the body corporate’s chairperson attended the hearing for the body corporate.

None of the purported respondents attended.

Tenancy Tribunal case 9054404 — Unit Titles in Eden Terrace, Auckland

At a glance

Tenancy Tribunal case 9054404 — Unit Titles in Eden Terrace, Auckland

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions