Published tribunal order
Tenancy Tribunal case 9043324 — Unit Titles in Avondale, Auckland
Decided 7 May 2024 · Published 7 May 2024 · Application 9043324
Mixed / unclear
- Unit Titles
- Costs
Order
Dipika DUTTA must pay Body Corporate 90309 $12,932.22 immediately, calculated as follows: General legal costs$11,576.47 Filing Fee$500.00 Counsel’s appearance fee$339.25 Disbursements$68.00 Contractor invoice$448.50 Total award$12,932.22
Reasons
- Clinton Baker and Briar Dobson appeared for the body corporate.
- Jonathan Wood appeared for the unit owner.
- The body corporate originally applied for work orders requiring the unit owner to remove signage and items left in the common area. The unit owner has since voluntarily removed the signage and the items. The body corporate therefore seek only its related costs in getting the tenant to comply with the rules about signage and use of the common property, including a contractor’s invoice to remove rubbish and remediate the affected part of the common area.
- The unit owner was in breach of rules 2, 3, 7, and 9 of the body corporate operation rules relating to signage, interference with other unit owners’ use, damage, and rubbish.
- The unit owner’s liability is proven.
- The unit owner cross-claimed against the body corporate for matters related to the unit’s roof. However, the unit owner had not instructed Mr Wood about that prior to today. Mr Wood sought leave to withdraw the claim.
- The unit owner’s claim is withdrawn by leave without prejudice. Costs
- Under s 127 of the Unit Titles Act 2010 (RTA), the unit owner must reimburse the body corporate for its necessary expenses due to the unit owner failing to comply with body corporate operational rules.
- In this case the body corporate’s main expenses are for its counsel’s fees to write to the unit owner, then commence proceedings, prepare for hearing, and appear at the hearing. There are modest disbursements related to counsel’s attendances. There is a contractor’s invoice to tidy up the remaining rubbish, tidy, and remediate minor damage to the common area.
- The body corporate’s costs are proven.
- The unit owner has complained to the New Zealand Law Society about counsel’s fees. If a complaint were upheld it would affect what the unit owner should pay. I leave it to the parties to exercise common sense in how they defer to that process. Filing fee
- Because the body corporate has succeeded with its claim the unit owner must reimburse the body corporate for the cost of the filing fee. 1