In St Johns College Trust Board v Body Corporate 197230 & ors [2012] NZHC 827 the High Court had to consider the terms of a scheme under s48 of the Unit Titles Act 1972 in circumstances where the costs to remediate leaky home issues with common property was $3M and unit property $1M, however, those unit owners with the greatest share of unit entitlement would receive no benefit from the leaky home remedial works. The Court decided that notwithstanding the differing benefits to unit owners the only outcome that achieved fairness to all owners was to apportion common property repair costs based on unit entitlement.