In an important case for body corporates and body corporate managers (Wu v Body Corporate 366611 & Theta Management Ltd [2014] NZSC 137), the Supreme Court has upheld a unit owner’s claim in trespass after he was effectively locked out of his apartment by the Body Corporate for refusing to sign up to an informal “Security Protocol” and pay a “security deposit”. The Court reversed a Court of Appeal ruling that the Body Corporate had power under its Rules to restrict access for certain owners and occupiers.
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