What was the outcome of Tenancy Tribunal case 9063285?

The tribunal order states: Hua Holdings Limited Jun Yan, Hua Holdings Limited Hua Bai must pay Body

How much money was awarded in case 9063285?

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 9063285?

The dispute type was not classified.

Where can I read the official tribunal order for case 9063285?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11853236-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9063285?

The tribunal order states: Hua Holdings Limited Jun Yan, Hua Holdings Limited Hua Bai must pay Body

How much money was awarded in case 9063285?

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 9063285?

The dispute type was not classified.

Where can I read the official tribunal order for case 9063285?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11853236-UTA_Tribunal_Order.pdf.

Newmarket, Auckland Tenancy Tribunal Case 9063285 — Tenancy dispute

Order

Hua Holdings Limited Jun Yan, Hua Holdings Limited Hua Bai must pay Body Corporate 196030 $6,660.93 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy: Due 1 May 2025$373.77 Costs: legal costs - s124$5,633.45 Costs: Attendance at hearing$155.25 Filing Fee$500.00 Interest $1.54 Total award$6,662.47$1.54 Total interest Total award with interest$6,662.47$1.54 Total payable by Respondent to Applicant $6,660.93

Reasons

Ms McGregor attended today’s hearing for the Body Corporate. The Respondent did not attend the video hearing and was contacted on the number provided but the number provided was disconnected.
The Respondent has been given notice and reminders to attend today’s phone hearing at an email address it has provided to the Body Corporate. I am satisfied that they are aware of today’s hearing but have chosen not to attend. I have proceeded in their absence.
The Body Corporate filed its application on the 24 January 2025 for recovery of unpaid levies dating back to the 1 February 2023, interest, costs and the filing fee from the unit owner.
After filling the claim and incurring the costs of preparing and filing documents for the tribunal the Body Corporate received a payment on the 14 March 2025 of $3943.62 from the Respondent.
The Respondent did not send any communication with the payment. The Body Corporate applied the payment firstly to the outstanding levies, then to the Body Corporate debt collection charges and finally to interest owed. The Respondent did not make any payment towards Price Baker Berridge’s fees or the application fee.
Since the filing of the claim a further levy of $373.77 became due on the 1 May 2025 has not been paid

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 are reasonable for the following reasons: a. Price Baker Berridge have kept time records of the time that they have spent on the file. I have reviewed those time records and save for a small amount of time which I consider excessive for the work undertaken (on the 20 November 2024 where the total amount of time charged for discussions between the authors and reception regarding a scanned document was half an hour) I consider that the work that was undertaken was reasonable, and the amount charged was reasonable. However, when I consider that PBB will incur charges after the hearing that are not charged then I consider the total amount awarded to be reasonable. b. The Body Corporate accepted the charge out rates in the letter of engagement. c. The Body Corporate have not queried the invoice.
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

Hua Holdings Limited Jun Yan, Hua Holdings Limited Hua Bai must pay Body Corporate 196030 $6,660.93 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy: Due 1 May 2025$373.77 Costs: legal costs - s124$5,633.45 Costs: Attendance at hearing$155.25 Filing Fee$500.00 Interest $1.54 Total award$6,662.47$1.54 Total interest Total award with interest$6,662.47$1.54 Total payable by Respondent to Applicant $6,660.93

Reasons

Ms McGregor attended today’s hearing for the Body Corporate. The Respondent did not attend the video hearing and was contacted on the number provided but the number provided was disconnected.
The Respondent has been given notice and reminders to attend today’s phone hearing at an email address it has provided to the Body Corporate. I am satisfied that they are aware of today’s hearing but have chosen not to attend. I have proceeded in their absence.
The Body Corporate filed its application on the 24 January 2025 for recovery of unpaid levies dating back to the 1 February 2023, interest, costs and the filing fee from the unit owner.
After filling the claim and incurring the costs of preparing and filing documents for the tribunal the Body Corporate received a payment on the 14 March 2025 of $3943.62 from the Respondent.
The Respondent did not send any communication with the payment. The Body Corporate applied the payment firstly to the outstanding levies, then to the Body Corporate debt collection charges and finally to interest owed. The Respondent did not make any payment towards Price Baker Berridge’s fees or the application fee.
Since the filing of the claim a further levy of $373.77 became due on the 1 May 2025 has not been paid

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 are reasonable for the following reasons: a. Price Baker Berridge have kept time records of the time that they have spent on the file. I have reviewed those time records and save for a small amount of time which I consider excessive for the work undertaken (on the 20 November 2024 where the total amount of time charged for discussions between the authors and reception regarding a scanned document was half an hour) I consider that the work that was undertaken was reasonable, and the amount charged was reasonable. However, when I consider that PBB will incur charges after the hearing that are not charged then I consider the total amount awarded to be reasonable. b. The Body Corporate accepted the charge out rates in the letter of engagement. c. The Body Corporate have not queried the invoice.
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 9063285 — Tenancy dispute in Newmarket, Auckland

Tenancy Tribunal case 9063285 — Tenancy dispute in Newmarket, 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