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Chuan Wu v Body Corporate 366611 and Theta Management Limited - SC 20/2013

Media releases

Summary

Civil Appeal – Damages – Whether the Court of Appeal, after upholding the High Court’s decision on liability in favour of the appellant, ought not to have remitted the calculation of damages payable to the appellant back to the High Court.[2012] NZCA 614  CA 402/2011

Result

Leave to appeal and cross appeal is granted.  The approved questions are:
(a) Are the Body Corporate and Theta liable in nuisance and if so on what basis?
(b) What, if any orders, are appropriate as to damages?
3 May 2013
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A  The appeal is allowed and the judgment of Asher J on the first cause of action is reinstated.
B  The cross appeal is dismissed.
C  The respondents are to pay to the appellant costs of $25,000 plus reasonable disbursements (to be set by the Registrar if necessary).
9 October 2014 
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Hearing Transcripts

Related Documents

Leave judgment - leave granted — WU v BODY CORPORATE 366611 SC 20/2013 [3 May 2013] (PDF 7 KB)

Substantive judgment — CHUAN WU v BODY CORPORATE 366611 [2014] NZSC 137 [9 October 2014] (PDF 330 KB)

Recall judgment — CHUAN WU v BODY CORPORATE 366611 [2014] NZSC 178 [5 December 2014] (PDF 86 KB)