What was the outcome of Tenancy Tribunal case 9060504?

The tribunal order states: Gaginang Holdings Limited must pay Body Corporate 204465 $16,709.46

How much money was awarded in case 9060504?

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 9060504?

The dispute type was not classified.

Where can I read the official tribunal order for case 9060504?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11546737-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9060504?

The tribunal order states: Gaginang Holdings Limited must pay Body Corporate 204465 $16,709.46

How much money was awarded in case 9060504?

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 9060504?

The dispute type was not classified.

Where can I read the official tribunal order for case 9060504?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11546737-UTA_Tribunal_Order.pdf.

Sandringham, Auckland Tenancy Tribunal Case 9060504 — Tenancy dispute

Order

Gaginang Holdings Limited must pay Body Corporate 204465 $16,709.46 immediately, calculated as follows: Ordinary Levy Unit C$4,662.84 Ordinary Levy Unit E$4,662.84 BC debt collection Unit C$363.40 BC debt collection Unit E$363.40 Legal costs – including company restoration $4,962.46 Appearance at hearing - counsel$287.50 Interest Unit C$453.51 Interest Unit E$453.51 Filing Fee$500.00 Total award$16,709.46 Total payable by Respondent to Applicant $16,709.46

Reasons

Both parties attended the hearing. Mr Conall MacFadyen of Price Baker Berridge represented the Body Corporate under instruction. Ms Christina Chan represented the owner. The telephone numbers provided for calling the owner did not connect or were a wrong number. The actual number later successfully used was as referenced and extracted from previous BC communication provided as evidence. This telephone number confusion would have been a bigger issue except the email address used to date was confirmed as correct and the opportunity for the owner to engage earlier, including to clarify the preferred contact number, was available.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.
The owner did not dispute the levies but claimed a historic informal arrangement that it could pay levies at the end of the invoiced period, rather than at the commencement or as invoiced.
In March 2024 the BC issued a demand for levies and costs. The costs included debt collection and the owner wanted the BC is remove that cost. It did not.
No resolution was reached and the dispute was referred by the body corporate to Price Baker Berridge to resolve.

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. I equally accept the owner is frustrated at the cost but they have been incurred and invoiced correctly. An earlier resolution would have reduced the cost inflation evidenced.
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

Gaginang Holdings Limited must pay Body Corporate 204465 $16,709.46 immediately, calculated as follows: Ordinary Levy Unit C$4,662.84 Ordinary Levy Unit E$4,662.84 BC debt collection Unit C$363.40 BC debt collection Unit E$363.40 Legal costs – including company restoration $4,962.46 Appearance at hearing - counsel$287.50 Interest Unit C$453.51 Interest Unit E$453.51 Filing Fee$500.00 Total award$16,709.46 Total payable by Respondent to Applicant $16,709.46

Reasons

Both parties attended the hearing. Mr Conall MacFadyen of Price Baker Berridge represented the Body Corporate under instruction. Ms Christina Chan represented the owner. The telephone numbers provided for calling the owner did not connect or were a wrong number. The actual number later successfully used was as referenced and extracted from previous BC communication provided as evidence. This telephone number confusion would have been a bigger issue except the email address used to date was confirmed as correct and the opportunity for the owner to engage earlier, including to clarify the preferred contact number, was available.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.
The owner did not dispute the levies but claimed a historic informal arrangement that it could pay levies at the end of the invoiced period, rather than at the commencement or as invoiced.
In March 2024 the BC issued a demand for levies and costs. The costs included debt collection and the owner wanted the BC is remove that cost. It did not.
No resolution was reached and the dispute was referred by the body corporate to Price Baker Berridge to resolve.

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. I equally accept the owner is frustrated at the cost but they have been incurred and invoiced correctly. An earlier resolution would have reduced the cost inflation evidenced.
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 9060504 — Tenancy dispute in Sandringham, Auckland

Tenancy Tribunal case 9060504 — Tenancy dispute in Sandringham, 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?

Property management

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Property management