What was the outcome of Tenancy Tribunal case 9047304?

The tribunal order states: Gun Poi & Yuk Ha Lai must pay Body Corporate 159018 $37,874.14 immediately,

How much money was awarded in case 9047304?

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 9047304?

The dispute type was not classified.

Where can I read the official tribunal order for case 9047304?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10497036-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9047304?

The tribunal order states: Gun Poi & Yuk Ha Lai must pay Body Corporate 159018 $37,874.14 immediately,

How much money was awarded in case 9047304?

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 9047304?

The dispute type was not classified.

Where can I read the official tribunal order for case 9047304?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10497036-UTA_Tribunal_Order.pdf.

Auckland Central, Auckland Tenancy Tribunal Case 9047304 — Tenancy dispute

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Auckland Central, Auckland Tenancy Tribunal Case 9047304 — Tenancy dispute | TenantCheck

Order

Gun Poi & Yuk Ha Lai must pay Body Corporate 159018 $37,874.14 immediately, calculated as follows: DescriptionsApplicant Ordinary Levy: 2020$3,005.22 Ordinary Levy: 2021$3,005.22 Ordinary Levy: 2021$3,005.22 Ordinary Levy: 2022$3,652.61 Ordinary Levy: 2022$3,576.98 Ordinary Levy: 2023$3,576.98 Ordinary Levy: 2023$3,472.65 Ordinary Levy: 2023$3,472.65 Ordinary Levy: 2024$3,224.98 Costs: BCS/BC$920.00 Filing Fees: Mediation ($575.00) + ($500.00)$1,075.00 Interest$5,886.63 Total payable by Respondent to Applicant$37,874.14

Reasons

The hearing was held by teleconference. The agent for the applicant, Mr Garth Freeman attended. The respondents did not attend. The respondents have no known telephone number and service has been completed using the last known email address and an out-of-town postal address. The email address was confirmed via a CC from a third-party last year. No engagement with the Tribunal from the respondents has occurred since service and the subsequent email reminders.
The Body Corporate has applied for recovery of unpaid levies, interest, costs and the filing fees from the unit owner.

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.

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.
Because the body corporate has succeeded with the claim I have reimbursed the filing fee. I have also reimbursed the prior mediation fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Order

Gun Poi & Yuk Ha Lai must pay Body Corporate 159018 $37,874.14 immediately, calculated as follows: DescriptionsApplicant Ordinary Levy: 2020$3,005.22 Ordinary Levy: 2021$3,005.22 Ordinary Levy: 2021$3,005.22 Ordinary Levy: 2022$3,652.61 Ordinary Levy: 2022$3,576.98 Ordinary Levy: 2023$3,576.98 Ordinary Levy: 2023$3,472.65 Ordinary Levy: 2023$3,472.65 Ordinary Levy: 2024$3,224.98 Costs: BCS/BC$920.00 Filing Fees: Mediation ($575.00) + ($500.00)$1,075.00 Interest$5,886.63 Total payable by Respondent to Applicant$37,874.14

Reasons

The hearing was held by teleconference. The agent for the applicant, Mr Garth Freeman attended. The respondents did not attend. The respondents have no known telephone number and service has been completed using the last known email address and an out-of-town postal address. The email address was confirmed via a CC from a third-party last year. No engagement with the Tribunal from the respondents has occurred since service and the subsequent email reminders.
The Body Corporate has applied for recovery of unpaid levies, interest, costs and the filing fees from the unit owner.

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.

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.
Because the body corporate has succeeded with the claim I have reimbursed the filing fee. I have also reimbursed the prior mediation fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Tenancy Tribunal case 9047304 — Tenancy dispute in Auckland Central, Auckland

Tenancy Tribunal case 9047304 — 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?