How much money was awarded in case 9046204?

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 9046204?

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

Where can I read the official tribunal order for case 9046204?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9741070-UTA_Tribunal_Order.pdf.

How much money was awarded in case 9046204?

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 9046204?

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

Where can I read the official tribunal order for case 9046204?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9741070-UTA_Tribunal_Order.pdf.

Birkenhead, Auckland Tenancy Tribunal Case 9046204 — Unit Titles

Q: What was the outcome of Tenancy Tribunal case 9046204?

The tribunal order states: Gregory Brian Crooks must pay Body Corporate 171503 $19,583.73 immediately,

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Birkenhead, Auckland Tenancy Tribunal Case 9046204 — Unit Titles | TenantCheck

Order

Gregory Brian Crooks must pay Body Corporate 171503 $19,583.73 immediately, calculated as follows: DescriptionsApplicantRespondent Overdue levies as at 11 December 2023$12,629.62 Body corporate secretary’s charges$920.00 Law firm’s fees and disbursements$4,557.16 Solicitor’s appearance fees$115.00 Solicitor’s travel time$115.00 Interest on levies to 11 December 2023$746.95 Costs$500.00 Total award$19,583.73

Reasons

Conall MacFadyen, a solicitor from Price Baker Berridge Barristers and Solicitors, appeared for the body corporate.
The body corporate applies for orders for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.

Does the unit owner owe the levies claimed?

A unit owner must pay all body corporate levies and outgoings payable for the unit. 1
The body corporate determined the overall general and special levies and calculated the unit owner's share of those according to their utility interest.
The body corporate fixed the due date for the levies to be paid, and the unit owner did not pay the levies by that date. 2
The body corporate has provided records proving 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. 3
The body corporate has resolved to charge interest at 10% per annum on unpaid levies.
The body corporate submitted a table calculating the amount of interest owing from the due date to the hearing date. The interest owing is proven.

Is the Unit owner liable for costs?

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.
The Tribunal must order that the reasonable costs incurred by the Body Corporate in recovering levies be paid by a defaulting unit owner. 4 1 Unit Titles Act 2010 (UTA), ss 80(1)(f) and 121. 2 UTA, s 124(1). 3 UTA, s 128. 4 Body Corporate 162791 v Cheah DC Auckland CIV2014-004-0120, 24 June 2014, Body Corporate 162791 v Gilbert [2015] NZCA 185, and Body Corporate 346799 v Gueirard & Vu [2023] NZDC 19645.
The costs ordered in the table above are proven.
Because the body corporate has succeeded with the claim, the unit owner must reimburse it for the filing fee. 5

Order

Reasons

Conall MacFadyen, a solicitor from Price Baker Berridge Barristers and Solicitors, appeared for the body corporate.
The body corporate applies for orders for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.

Does the unit owner owe the levies claimed?

A unit owner must pay all body corporate levies and outgoings payable for the unit. 1
The body corporate determined the overall general and special levies and calculated the unit owner's share of those according to their utility interest.
The body corporate fixed the due date for the levies to be paid, and the unit owner did not pay the levies by that date. 2
The body corporate has provided records proving 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. 3
The body corporate has resolved to charge interest at 10% per annum on unpaid levies.
The body corporate submitted a table calculating the amount of interest owing from the due date to the hearing date. The interest owing is proven.

Is the Unit owner liable for costs?

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.
The Tribunal must order that the reasonable costs incurred by the Body Corporate in recovering levies be paid by a defaulting unit owner. 4 1 Unit Titles Act 2010 (UTA), ss 80(1)(f) and 121. 2 UTA, s 124(1). 3 UTA, s 128. 4 Body Corporate 162791 v Cheah DC Auckland CIV2014-004-0120, 24 June 2014, Body Corporate 162791 v Gilbert [2015] NZCA 185, and Body Corporate 346799 v Gueirard & Vu [2023] NZDC 19645.
The costs ordered in the table above are proven.
Because the body corporate has succeeded with the claim, the unit owner must reimburse it for the filing fee. 5

Tenancy Tribunal case 9046204 — Unit Titles in Birkenhead, Auckland

Tenancy Tribunal case 9046204 — Unit Titles in Birkenhead, 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?

Order

Reasons

Does the unit owner owe the levies claimed?

Is the unit owner liable for interest?

Is the Unit owner liable for costs?