What was Tenancy Tribunal case 9043324 about?

The tribunal order states: [The party] must pay Body Corporate 90309 $12,932.22 immediately,

How much money was awarded in case 9043324?

Contractor Invoice: $448.50 awarded to landlord; Counsel’S Appearance Fee: $339.25 awarded to landlord; Disbursements: $68.00 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Legal Costs: $11,576.47 awarded to landlord

What type of tenancy dispute was case 9043324?

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

Where can I read the official tribunal order for case 9043324?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10258681-Tribunal_Order.pdf.

What was Tenancy Tribunal case 9043324 about?

The tribunal order states: [The party] must pay Body Corporate 90309 $12,932.22 immediately,

How much money was awarded in case 9043324?

Contractor Invoice: $448.50 awarded to landlord; Counsel’S Appearance Fee: $339.25 awarded to landlord; Disbursements: $68.00 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Legal Costs: $11,576.47 awarded to landlord

What type of tenancy dispute was case 9043324?

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

Where can I read the official tribunal order for case 9043324?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10258681-Tribunal_Order.pdf.

Avondale, Auckland Tenancy Tribunal Case 9043324 — Unit Titles

Tenantcheck Insights

Avondale, Auckland Tenancy Tribunal Case 9043324 — Unit Titles | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 9043324. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
General legal costs	$11,576.47	General legal costs
Filing Fee	$500.00	Filing Fee
Counsel’s appearance fee	$339.25	Counsel’s appearance fee
Disbursements	$68.00	Disbursements
Contractor invoice	$448.50	Contractor invoice

Claims and awards for application 9043324. Verify on MoJ.

General legal costs

Amount: $11,576.47
Awarded to: Landlord
Reason: General legal costs

Filing Fee

Amount: $500.00
Awarded to: Landlord
Reason: Filing Fee

Counsel’s appearance fee

Amount: $339.25
Awarded to: Landlord
Reason: Counsel’s appearance fee

Disbursements

Amount: $68.00
Awarded to: Landlord
Reason: Disbursements

Contractor invoice

Amount: $448.50
Awarded to: Landlord
Reason: Contractor invoice

Claim types — money lines allowed on this order

Filing Fee Legal Costs

Order

[The party] must pay Body Corporate 90309 $12,932.22 immediately, calculated as follows: General legal costs$11,576.47 Filing Fee$500.00 Counsel’s appearance fee$339.25 Disbursements$68.00 Contractor invoice$448.50 Total award$12,932.22

Reasons

Clinton Baker and Briar Dobson appeared for the body corporate.
Jonathan Wood appeared for the unit owner.
The body corporate originally applied for work orders requiring the unit owner to remove signage and items left in the common area. The unit owner has since voluntarily removed the signage and the items. The body corporate therefore seek only its related costs in getting the tenant to comply with the rules about signage and use of the common property, including a contractor’s invoice to remove rubbish and remediate the affected part of the common area.
The unit owner was in breach of rules 2, 3, 7, and 9 of the body corporate operation rules relating to signage, interference with other unit owners’ use, damage, and rubbish.
The unit owner’s liability is proven.
The unit owner cross-claimed against the body corporate for matters related to the unit’s roof. However, the unit owner had not instructed Mr Wood about that prior to today. Mr Wood sought leave to withdraw the claim.
The unit owner’s claim is withdrawn by leave without prejudice. Costs
Under s 127 of the Unit Titles Act 2010 (RTA), the unit owner must reimburse the body corporate for its necessary expenses due to the unit owner failing to comply with body corporate operational rules.
In this case the body corporate’s main expenses are for its counsel’s fees to write to the unit owner, then commence proceedings, prepare for hearing, and appear at the hearing. There are modest disbursements related to counsel’s attendances. There is a contractor’s invoice to tidy up the remaining rubbish, tidy, and remediate minor damage to the common area.
The body corporate’s costs are proven.
The unit owner has complained to the New Zealand Law Society about counsel’s fees. If a complaint were upheld it would affect what the unit owner should pay. I leave it to the parties to exercise common sense in how they defer to that process. Filing fee
Because the body corporate has succeeded with its claim the unit owner must reimburse the body corporate for the cost of the filing fee. 1

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 9043324. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
General legal costs	$11,576.47	General legal costs
Filing Fee	$500.00	Filing Fee
Counsel’s appearance fee	$339.25	Counsel’s appearance fee
Disbursements	$68.00	Disbursements
Contractor invoice	$448.50	Contractor invoice

Claims and awards for application 9043324. Verify on MoJ.

General legal costs

Amount: $11,576.47
Awarded to: Landlord
Reason: General legal costs

Filing Fee

Amount: $500.00
Awarded to: Landlord
Reason: Filing Fee

Counsel’s appearance fee

Amount: $339.25
Awarded to: Landlord
Reason: Counsel’s appearance fee

Disbursements

Amount: $68.00
Awarded to: Landlord
Reason: Disbursements

Contractor invoice

Amount: $448.50
Awarded to: Landlord
Reason: Contractor invoice

Claim types — money lines allowed on this order

Filing Fee Legal Costs

Order

Reasons

Clinton Baker and Briar Dobson appeared for the body corporate.
Jonathan Wood appeared for the unit owner.
The body corporate originally applied for work orders requiring the unit owner to remove signage and items left in the common area. The unit owner has since voluntarily removed the signage and the items. The body corporate therefore seek only its related costs in getting the tenant to comply with the rules about signage and use of the common property, including a contractor’s invoice to remove rubbish and remediate the affected part of the common area.
The unit owner was in breach of rules 2, 3, 7, and 9 of the body corporate operation rules relating to signage, interference with other unit owners’ use, damage, and rubbish.
The unit owner’s liability is proven.
The unit owner cross-claimed against the body corporate for matters related to the unit’s roof. However, the unit owner had not instructed Mr Wood about that prior to today. Mr Wood sought leave to withdraw the claim.
The unit owner’s claim is withdrawn by leave without prejudice. Costs
Under s 127 of the Unit Titles Act 2010 (RTA), the unit owner must reimburse the body corporate for its necessary expenses due to the unit owner failing to comply with body corporate operational rules.
In this case the body corporate’s main expenses are for its counsel’s fees to write to the unit owner, then commence proceedings, prepare for hearing, and appear at the hearing. There are modest disbursements related to counsel’s attendances. There is a contractor’s invoice to tidy up the remaining rubbish, tidy, and remediate minor damage to the common area.
The body corporate’s costs are proven.
The unit owner has complained to the New Zealand Law Society about counsel’s fees. If a complaint were upheld it would affect what the unit owner should pay. I leave it to the parties to exercise common sense in how they defer to that process. Filing fee
Because the body corporate has succeeded with its claim the unit owner must reimburse the body corporate for the cost of the filing fee. 1

Tenancy Tribunal case 9043324 — Unit Titles in Avondale, Auckland

At a glance

Tenancy Tribunal case 9043324 — Unit Titles in Avondale, Auckland

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions