What was the outcome of Tenancy Tribunal case 9042064?

The tribunal order states: Govindasamy AL Munusamy must pay Body Corporate 210575 $855.60 legal

How much money was awarded in case 9042064?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 9042064?

The primary dispute was Unit Titles. Related themes: Costs.

Where can I read the official tribunal order for case 9042064?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9329605-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9042064?

The tribunal order states: Govindasamy AL Munusamy must pay Body Corporate 210575 $855.60 legal

How much money was awarded in case 9042064?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 9042064?

The primary dispute was Unit Titles. Related themes: Costs.

Where can I read the official tribunal order for case 9042064?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9329605-Tribunal_Order.pdf.

Auckland Central, Auckland Tenancy Tribunal Case 9042064 — Unit Titles

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Reasons

The body corporate has applied for recovery of legal costs from the unit owner, after an unsuccessful owner request for a rehearing.

Is the Unit owner liable for costs?

Section 102 Residential Tenancies Act 1986 provides the Tribunal the power to award costs to or against any party to proceedings before it in a case where any of the parties was represented by counsel. Applying common law principles on costs, the award follows the event, so counsel for BC 210575 being the successful party is entitled to reasonable costs for defending the rehearing application.

Section 127 Unit Titles Act 2010 provides for the recovery of money expended where a liable expense is incurred by the body corporate, as well as any reasonable costs incurred in collecting the expense. This is recoverable as a debt due to the body corporate by the person who was the unit owner at the time the expense became payable.

On 18 July 2023 a monetary order was made against the owner. A rehearing application was filed by the owner on 25 July 2023. This application was later agreed to be considered on the papers and a response to the owner’s rehearing application from the body corporate counsel was invited. A submission was subsequentially received.

An order dismissing the application for a rehearing was made on 3 August 2023.

Counsel for the body corporate has since filed a final memo seeking costs of $855.60 resulting from costs incurred through the rehearing process. A detailed invoice was provided to the Tribunal and the memo confirmed a copy had also been sent to the owner.

Given the major remaining issue for the owner was the costs awarded, further costs will likely be unpalatable. However, having reviewed the invoiced time and submissions made in response to the owner’s instigation of a rehearing request that subsequently failed, I conclude further costs must follow and I award a final amount to the body corporate for reasonable costs of $855.60.

Reasons

The body corporate has applied for recovery of legal costs from the unit owner, after an unsuccessful owner request for a rehearing.

Is the Unit owner liable for costs?

An order dismissing the application for a rehearing was made on 3 August 2023.

Tenancy Tribunal case 9042064 — Unit Titles in Auckland Central, Auckland

At a glance

Tenancy Tribunal case 9042064 — Unit Titles in Auckland Central, Auckland

At a glance

Claims & awards

Order

Reasons

Is the Unit owner liable for costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Is the Unit owner liable for costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions