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John Gilbert and QSM Trustee Ltd (in receivership and in liquidation) v Body Corporate 162791 - SC 59/2015

Media releases

Summary

Civil Appeal – whether the Court of Appeal erred in holding that Mr Gilbert was personally liable to pay certain body corporate levies under s 32(5) of the Receiverships Act 1993 – whether the Court of Appeal erred in holding that Mr Gilbert’s liability was not limited or excused under s 32(7) of the Act.[2015] NZCA 185  CA 213/2014

Result

A The application for leave to appeal is granted (Body Corporate 162791 v Gilbert [2015] NZCA 185).
B The approved questions are whether the Court of Appeal was right:
(i)  to hold that the first applicant was personally liable under s 32(5) of the Receiverships Act 1993 to pay body corporate levies to the respondent in relation to the second applicant’s units; and
(ii) to find that the first applicant had no arguable claim for relief from personal liability under s 32(7) of the Act.
4 September 2015
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A The judgment of the Court of Appeal is affirmed.
B There is no order for costs.
2 June 2016

Hearing Transcripts

Related Documents

Court of Appeal decision — BODY CORPORATE 162791 V GILBERT CA213/2014 [2015] NZCA 185 [21 May 2015]

Leave judgment - leave granted — JOHN GILBERT v BODY CORPORATE 162791 [2015] NZSC 133 [4 September 2015] (PDF 109 KB)

Substantive judgment — JOHN GILBERT v BODY CORPORATE 162791 [2016] NZSC 61 [2 June 2016] (PDF 311 KB)