What was the outcome of Tenancy Tribunal case 9046784?

The tribunal order states: Marco Bono Antonio Marinkovich, Philip Anthony Pavis must pay Body Corporate

How much money was awarded in case 9046784?

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 9046784?

The primary dispute was Unit Titles. Related themes: Costs, Interest.

Where can I read the official tribunal order for case 9046784?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9592178-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9046784?

The tribunal order states: Marco Bono Antonio Marinkovich, Philip Anthony Pavis must pay Body Corporate

How much money was awarded in case 9046784?

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 9046784?

The primary dispute was Unit Titles. Related themes: Costs, Interest.

Where can I read the official tribunal order for case 9046784?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9592178-UTA_Tribunal_Order.pdf.

Auckland Central, Auckland Tenancy Tribunal Case 9046784 — Unit Titles

Order

Marco Bono Antonio Marinkovich, Philip Anthony Pavis must pay Body Corporate 358939 $31,923.42 immediately, calculated as follows: DescriptionsAwarded Overdue levies $17,862.58 Interest at 10% $1,207.34 Costs: collection, enforcement and this application $12,353.50 Filing Fee $500.00 Total award $31,923.42 Total payable by the Respondents: $31,923.42

Reasons

The application attended the hearing. Mr Mark Donovan appeared, representing the body corporate.
Mr Marinkovich did not appear. This was signalled in advance by him via an email. Regardless, calls were made to both owner but no answer was received. The content of the email from Mr Marinkovich was considered. The applicant had reviewed it prior and supplied a written response. Essentially, the email disputed costs and communication but was silent on the claims regarding unpaid levies. There was no answer when Mr Pavis was called.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner. These costs include subsequent enforcement costs pertaining to a prior order TT9033321 dated 21 December 2021.

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.
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. As noted earlier, the owner did not dispute this claim in his email.

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 resolved to charge interest at 10% per annum on unpaid levies. 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. The enforcement costs associated with order TT9033321 are considered reasonable collection costs and should be awarded per s 124(2) Unit Titles Act 2010. I have considered the submissions of both parties in making this determination. Essentially, the costs incurred follow a prolonged failure by the owners to pay as due, or as promised. I note the body corporate record in the AGM minutes, and reinforce the same in their levy invoices, that payments plans are available and a contact email address provided. I have no evidence the owners availed themselves of such an option. I also note the time allowed and communication provided to the owners before any enforcement action commenced. The late payment of the prior order was only made after the charging and sales orders had been largely processed. The consequential enforcement costs were signalled in advance and avoidance of these was open to the owners via engagement and payment.
I also note the final cost total, as summarised in the Memorandum of Council dated 31 October 2023 is accepted (p. 16) but the table line items do not balance as the table is missing the final cost of $690.00, sought for hearing preparation and attendance by counsel. This is viewed as a drafting error only. The cost is accounted for in the total cost as well as in the summary of costs as an ‘Invoice TBA’ (see CB81 in the same memorandum) and I accept this cost as reasonable, and it is awarded.
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

Marco Bono Antonio Marinkovich, Philip Anthony Pavis must pay Body Corporate 358939 $31,923.42 immediately, calculated as follows: DescriptionsAwarded Overdue levies $17,862.58 Interest at 10% $1,207.34 Costs: collection, enforcement and this application $12,353.50 Filing Fee $500.00 Total award $31,923.42 Total payable by the Respondents: $31,923.42

Reasons

The application attended the hearing. Mr Mark Donovan appeared, representing the body corporate.
Mr Marinkovich did not appear. This was signalled in advance by him via an email. Regardless, calls were made to both owner but no answer was received. The content of the email from Mr Marinkovich was considered. The applicant had reviewed it prior and supplied a written response. Essentially, the email disputed costs and communication but was silent on the claims regarding unpaid levies. There was no answer when Mr Pavis was called.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner. These costs include subsequent enforcement costs pertaining to a prior order TT9033321 dated 21 December 2021.

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.
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. As noted earlier, the owner did not dispute this claim in his email.

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 resolved to charge interest at 10% per annum on unpaid levies. 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. The enforcement costs associated with order TT9033321 are considered reasonable collection costs and should be awarded per s 124(2) Unit Titles Act 2010. I have considered the submissions of both parties in making this determination. Essentially, the costs incurred follow a prolonged failure by the owners to pay as due, or as promised. I note the body corporate record in the AGM minutes, and reinforce the same in their levy invoices, that payments plans are available and a contact email address provided. I have no evidence the owners availed themselves of such an option. I also note the time allowed and communication provided to the owners before any enforcement action commenced. The late payment of the prior order was only made after the charging and sales orders had been largely processed. The consequential enforcement costs were signalled in advance and avoidance of these was open to the owners via engagement and payment.
I also note the final cost total, as summarised in the Memorandum of Council dated 31 October 2023 is accepted (p. 16) but the table line items do not balance as the table is missing the final cost of $690.00, sought for hearing preparation and attendance by counsel. This is viewed as a drafting error only. The cost is accounted for in the total cost as well as in the summary of costs as an ‘Invoice TBA’ (see CB81 in the same memorandum) and I accept this cost as reasonable, and it is awarded.
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 9046784 — Unit Titles in Auckland Central, Auckland

Tenancy Tribunal case 9046784 — Unit Titles 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?