What was the outcome of Tenancy Tribunal case 9054484?

The tribunal order states: Erwin Ciputra must pay Body Corporate 519465 $4,089.77 immediately,

How much money was awarded in case 9054484?

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 9054484?

The dispute type was not classified.

Where can I read the official tribunal order for case 9054484?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10882518-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9054484?

The tribunal order states: Erwin Ciputra must pay Body Corporate 519465 $4,089.77 immediately,

How much money was awarded in case 9054484?

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 9054484?

The dispute type was not classified.

Where can I read the official tribunal order for case 9054484?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10882518-UTA_Tribunal_Order.pdf.

Auckland Central, Auckland Tenancy Tribunal Case 9054484 — Tenancy dispute

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Auckland Central, Auckland Tenancy Tribunal Case 9054484 — Tenancy dispute | TenantCheck

Order

Erwin Ciputra must pay Body Corporate 519465 $4,089.77 immediately, calculated as follows: Descriptions Costs: Attendance at 30-minute hearing$172.50 Costs: Counsel's legal cost$2,632.50 Costs: Body Corporate Manager's charges $287.50 Interest: $497.27 Filing Fee$500.00 Total award$4,089.77 Total payable by Respondent to Applicant $4,089.77

Reasons

Counsel, Collette Robison attended the hearing for the Body Corporate by telephone.
The unit owner Mr Ciputra did not attend.
Calls to his telephone numbers both in New Zealand and abroad went unanswered. The Tribunal file confirms that Mr Ciputra was sent the notice of hearing and reminders. The hearing proceeded in his absence.
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?

On 12 July Mr Ciputra paid the overdue levies the Body Corporate was requesting he pay. The claim for an order with respect to those levies is therefore withdrawn.
The hearing proceeded as Mr Ciputra has not paid interest and costs the Body Corporate has incurred in seeking recovery of the overdue levies.

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 date the outstanding levies were paid on 12 July 2024.

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 claim for representation at the hearing is reduced as the hearing was 30 minutes. It was reasonable for the Body Corporate to proceed to hearing as the interest and costs remain unpaid.

Is the unit owner liable to pay the filing fee?

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

Erwin Ciputra must pay Body Corporate 519465 $4,089.77 immediately, calculated as follows: Descriptions Costs: Attendance at 30-minute hearing$172.50 Costs: Counsel's legal cost$2,632.50 Costs: Body Corporate Manager's charges $287.50 Interest: $497.27 Filing Fee$500.00 Total award$4,089.77 Total payable by Respondent to Applicant $4,089.77

Reasons

Counsel, Collette Robison attended the hearing for the Body Corporate by telephone.
The unit owner Mr Ciputra did not attend.
Calls to his telephone numbers both in New Zealand and abroad went unanswered. The Tribunal file confirms that Mr Ciputra was sent the notice of hearing and reminders. The hearing proceeded in his absence.
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?

On 12 July Mr Ciputra paid the overdue levies the Body Corporate was requesting he pay. The claim for an order with respect to those levies is therefore withdrawn.
The hearing proceeded as Mr Ciputra has not paid interest and costs the Body Corporate has incurred in seeking recovery of the overdue levies.

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 date the outstanding levies were paid on 12 July 2024.

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 claim for representation at the hearing is reduced as the hearing was 30 minutes. It was reasonable for the Body Corporate to proceed to hearing as the interest and costs remain unpaid.

Is the unit owner liable to pay the filing fee?

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 9054484 — Tenancy dispute in Auckland Central, Auckland

Tenancy Tribunal case 9054484 — 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?

Is the unit owner liable to pay the filing fee?

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Is the unit owner liable to pay the filing fee?