What was the outcome of Tenancy Tribunal case 9042584?

The tribunal order states: Xuan Zhang must pay Body Corporate 159018 $38,140.77 immediately,

How much money was awarded in case 9042584?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 9042584?

The dispute type was not classified.

Where can I read the official tribunal order for case 9042584?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9328079-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9042584?

The tribunal order states: Xuan Zhang must pay Body Corporate 159018 $38,140.77 immediately,

How much money was awarded in case 9042584?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 9042584?

The dispute type was not classified.

Where can I read the official tribunal order for case 9042584?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9328079-UTA_Tribunal_Order.pdf.

Auckland Central, Auckland Tenancy Tribunal Case 9042584 — Tenancy dispute

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Auckland Central, Auckland Tenancy Tribunal Case 9042584 — Tenancy dispute | TenantCheck

Order

Xuan Zhang must pay Body Corporate 159018 $38,140.77 immediately, calculated as follows: DescriptionsApplicantRespondent Balance of previous order application 9011821 dated 15/03/2019 $2,844.42 Collection fees$2,485.60 Filing Fee$850.00 Interest$8,098.91 Special Levy$2,540.96 Ordinary Levy: Operational and LTMF 2019-2022 $21,320.88 Total award$38,140.77 Total payable by Respondent to Applicant $38,140.77

Reasons

The applicant attended the hearing. Mr Garth Freeman represented the body corporate. There was no appearance by the respondent.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.
A prior order, 9011821 dated 15/03/2019 made a monetary order against the owner of $10,019.41. Two payments from the owner have subsequently been made by the owner and applied to this debt. The balance owing is incorporated into this order. This accounting is different to the approach of the applicant in its reapplying for the last levy and cost invoices from late 2018 in the summary table. The net result is the same.

Does the Unit Owner owe the levies claimed?

A unit owner must pay all body corporate levies and outgoings payable for the unit. See sections 80(1)(f) and 121(1) Unit Titles Act 2010.
The body corporate has determined the levies payable and unit owner's share has been calculated according to their utility interest. This includes a special levy set at the May 2023 EGM.
The body corporate has fixed the due date for the levies to be paid, and the unit owner has not paid the levies by that date. See section 124(1) Unit Titles Act 2010. The body corporate has provided records to prove the amount claimed.

Is the Unit owner liable for interest?

If a unit owner fails to pay levies by the due date, interest accrues on the unpaid balance. A body corporate may charge interest up to 10% per annum. See section 128 Unit Titles Act 2010.
The Body Corporate has proved the amount of interest owing from the due date to the hearing date.

Is the Unit owner liable for costs?

Pursuant to section 124 UTA, and as resolved at meetings of the Body Corporate, the Body Corporate is entitled to recover any reasonable costs incurred by it in collecting unpaid levies as a debt due by the owner to the Body Corporate. In accordance with the judgments (of the District Court and Court of Appeal respectively) in Body Corporate 162791 v Cheah DC Auckland, CIV2014-004- 0120, 24 June 2014 and Body Corporate 162791 v Gilbert [2015] NZCA 185, the Tribunal must order that the reasonable costs incurred by the Body Corporate in recovering the levies, objectively assessed, be paid by a defaulting unit owner. I am satisfied that the costs ordered above are reasonable.
Because the body corporate has succeeded with the claim I have reimbursed the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Order

Xuan Zhang must pay Body Corporate 159018 $38,140.77 immediately, calculated as follows: DescriptionsApplicantRespondent Balance of previous order application 9011821 dated 15/03/2019 $2,844.42 Collection fees$2,485.60 Filing Fee$850.00 Interest$8,098.91 Special Levy$2,540.96 Ordinary Levy: Operational and LTMF 2019-2022 $21,320.88 Total award$38,140.77 Total payable by Respondent to Applicant $38,140.77

Reasons

The applicant attended the hearing. Mr Garth Freeman represented the body corporate. There was no appearance by the respondent.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.
A prior order, 9011821 dated 15/03/2019 made a monetary order against the owner of $10,019.41. Two payments from the owner have subsequently been made by the owner and applied to this debt. The balance owing is incorporated into this order. This accounting is different to the approach of the applicant in its reapplying for the last levy and cost invoices from late 2018 in the summary table. The net result is the same.

Does the Unit Owner owe the levies claimed?

A unit owner must pay all body corporate levies and outgoings payable for the unit. See sections 80(1)(f) and 121(1) Unit Titles Act 2010.
The body corporate has determined the levies payable and unit owner's share has been calculated according to their utility interest. This includes a special levy set at the May 2023 EGM.
The body corporate has fixed the due date for the levies to be paid, and the unit owner has not paid the levies by that date. See section 124(1) Unit Titles Act 2010. The body corporate has provided records to prove the amount claimed.

Is the Unit owner liable for interest?

If a unit owner fails to pay levies by the due date, interest accrues on the unpaid balance. A body corporate may charge interest up to 10% per annum. See section 128 Unit Titles Act 2010.
The Body Corporate has proved the amount of interest owing from the due date to the hearing date.

Is the Unit owner liable for costs?

Pursuant to section 124 UTA, and as resolved at meetings of the Body Corporate, the Body Corporate is entitled to recover any reasonable costs incurred by it in collecting unpaid levies as a debt due by the owner to the Body Corporate. In accordance with the judgments (of the District Court and Court of Appeal respectively) in Body Corporate 162791 v Cheah DC Auckland, CIV2014-004- 0120, 24 June 2014 and Body Corporate 162791 v Gilbert [2015] NZCA 185, the Tribunal must order that the reasonable costs incurred by the Body Corporate in recovering the levies, objectively assessed, be paid by a defaulting unit owner. I am satisfied that the costs ordered above are reasonable.
Because the body corporate has succeeded with the claim I have reimbursed the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Tenancy Tribunal case 9042584 — Tenancy dispute in Auckland Central, Auckland

Tenancy Tribunal case 9042584 — Tenancy dispute in Auckland Central, Auckland

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?