What was the outcome of Tenancy Tribunal case 9053344?

The tribunal order states: Hugh Thomas McGowan must pay Body Corporate 182563 $53,614.59

How much money was awarded in case 9053344?

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 9053344?

The dispute type was not classified.

Where can I read the official tribunal order for case 9053344?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10958341-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9053344?

The tribunal order states: Hugh Thomas McGowan must pay Body Corporate 182563 $53,614.59

How much money was awarded in case 9053344?

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 9053344?

The dispute type was not classified.

Where can I read the official tribunal order for case 9053344?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10958341-UTA_Tribunal_Order.pdf.

Auckland, Auckland Tenancy Tribunal Case 9053344 — Tenancy dispute

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Auckland, Auckland Tenancy Tribunal Case 9053344 — Tenancy dispute | TenantCheck

Order

Hugh Thomas McGowan must pay Body Corporate 182563 $53,614.59 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy $29,167.29 Remedial Levy $9,494.52 Costs: Body Corporate $1,090.20 Legal costs $9,285.17 Legal costs appearance at Tribunal $155.25 Filing fee $500.00 Interest $3,922.16 Total award $53,614.59 Total payable by Respondent to Applicant $53,614.59

Reasons

Both parties attended the hearing by teleconference.
The applicant was represented by Ms Monique MacGregor of Price Baker Berridge, Barristers and Solicitors as instructed by the Body Corporate.
Mr McGowan appeared but did not make any oral submissions.
The Body Corporate has applied for recovery of unpaid levies, interest, costs and the filing fee 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.
Body Corporate 182563 has determined the levies payable, and the unit owner's share has been calculated according to their utility interest.
Body Corporate 182563 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.
Body Corporate 182563 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) 1 , 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.
The law about recovery of legal costs was further clarified in Body Corporate 346799 v Gueirard & Vu. 2 A copy of this decision was provided by the applicant. 1 Body Corporate 162791 v Cheah DC Auckland, CIV2014-004-0120, 24 June 2014 and Body Corporate 162791 v Gilbert [2015] NZCA 185. 2 [2023] NZDC 19645.
I have considered the time sheets and bill(s) of costs submitted by Price Baker Berridge. I am satisfied that the work done by them was reasonably necessary, and the amount charged was reasonable when objectively assessed. I have reduced the appearance costs to $155.25 for approximately 30 minutes before the Tribunal.
I also find that the costs incurred by the Body Corporate in recovery of the debt are reasonable.
Because the Body Corporate has succeeded with the claim, Mr McGowan must reimburse the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Order

Hugh Thomas McGowan must pay Body Corporate 182563 $53,614.59 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy $29,167.29 Remedial Levy $9,494.52 Costs: Body Corporate $1,090.20 Legal costs $9,285.17 Legal costs appearance at Tribunal $155.25 Filing fee $500.00 Interest $3,922.16 Total award $53,614.59 Total payable by Respondent to Applicant $53,614.59

Reasons

Both parties attended the hearing by teleconference.
The applicant was represented by Ms Monique MacGregor of Price Baker Berridge, Barristers and Solicitors as instructed by the Body Corporate.
Mr McGowan appeared but did not make any oral submissions.
The Body Corporate has applied for recovery of unpaid levies, interest, costs and the filing fee 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.
Body Corporate 182563 has determined the levies payable, and the unit owner's share has been calculated according to their utility interest.
Body Corporate 182563 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.
Body Corporate 182563 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) 1 , 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.
The law about recovery of legal costs was further clarified in Body Corporate 346799 v Gueirard & Vu. 2 A copy of this decision was provided by the applicant. 1 Body Corporate 162791 v Cheah DC Auckland, CIV2014-004-0120, 24 June 2014 and Body Corporate 162791 v Gilbert [2015] NZCA 185. 2 [2023] NZDC 19645.
I have considered the time sheets and bill(s) of costs submitted by Price Baker Berridge. I am satisfied that the work done by them was reasonably necessary, and the amount charged was reasonable when objectively assessed. I have reduced the appearance costs to $155.25 for approximately 30 minutes before the Tribunal.
I also find that the costs incurred by the Body Corporate in recovery of the debt are reasonable.
Because the Body Corporate has succeeded with the claim, Mr McGowan must reimburse the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Tenancy Tribunal case 9053344 — Tenancy dispute in Auckland, Auckland

Tenancy Tribunal case 9053344 — Tenancy dispute in Auckland, 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?