What was the outcome of Tenancy Tribunal case 9060904?

The tribunal order states: Layne Stephen Harwood, Linda Catherine Coleman must pay Body Corporate

How much money was awarded in case 9060904?

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 9060904?

The dispute type was not classified.

Where can I read the official tribunal order for case 9060904?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11423356-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9060904?

The tribunal order states: Layne Stephen Harwood, Linda Catherine Coleman must pay Body Corporate

How much money was awarded in case 9060904?

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 9060904?

The dispute type was not classified.

Where can I read the official tribunal order for case 9060904?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11423356-UTA_Tribunal_Order.pdf.

Viaduct Harbour, Auckland Tenancy Tribunal Case 9060904 — Tenancy dispute

Order

Layne Stephen Harwood, Linda Catherine Coleman must pay Body Corporate 336460 $49,789.36 immediately, calculated as follows: DescriptionsApplicantRespondent Levies$46,893.65 Interest$387.25 Legal costs (incl hearing 0.5 hr)$1,942.05 BC management (hearing 0.33hr)$66.41 Filing Fee$500.00 Total award$49,789.36 Total payable by Respondent to Applicant$49,789.36

Reasons

Both parties attended the hearing, conducted via video conference. Elizabeth Tobeck and Kate Dixon represented the applicant. Linda Coleman appeared for both owners. Layne Harwood sent his apologies.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.
The applicant had provided an updated table of costs. The table included the cost of its preparation as well as time in preparation for this hearing. The table of costs and total were not disputed by the respondent. Given that, Kate Dixon left the hearing before it ended as she was present in case of any dispute as to the fees or calculations.
The respondent explained the circumstances leading to this debt and subsequent application. She advised a prior commitment to the Body Corporate to pay the debt in full by 31 March 2025 had been made via email.

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 as accounted for in the applicant submission regarding costs and are reasonable.
For the appearance time at the hearing, I have allowed 30 minutes for the legal representation at $195/hr ex-GST and 20 minutes for the BC management at $175/hr ex-GST. These amounts of $112.13 and $66.41 are awarded.
Because the body corporate has succeeded with the claim I have reimbursed the filing fee of $500.00. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Order

Layne Stephen Harwood, Linda Catherine Coleman must pay Body Corporate 336460 $49,789.36 immediately, calculated as follows: DescriptionsApplicantRespondent Levies$46,893.65 Interest$387.25 Legal costs (incl hearing 0.5 hr)$1,942.05 BC management (hearing 0.33hr)$66.41 Filing Fee$500.00 Total award$49,789.36 Total payable by Respondent to Applicant$49,789.36

Reasons

Both parties attended the hearing, conducted via video conference. Elizabeth Tobeck and Kate Dixon represented the applicant. Linda Coleman appeared for both owners. Layne Harwood sent his apologies.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.
The applicant had provided an updated table of costs. The table included the cost of its preparation as well as time in preparation for this hearing. The table of costs and total were not disputed by the respondent. Given that, Kate Dixon left the hearing before it ended as she was present in case of any dispute as to the fees or calculations.
The respondent explained the circumstances leading to this debt and subsequent application. She advised a prior commitment to the Body Corporate to pay the debt in full by 31 March 2025 had been made via email.

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 as accounted for in the applicant submission regarding costs and are reasonable.
For the appearance time at the hearing, I have allowed 30 minutes for the legal representation at $195/hr ex-GST and 20 minutes for the BC management at $175/hr ex-GST. These amounts of $112.13 and $66.41 are awarded.
Because the body corporate has succeeded with the claim I have reimbursed the filing fee of $500.00. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Tenancy Tribunal case 9060904 — Tenancy dispute in Viaduct Harbour, Auckland

Tenancy Tribunal case 9060904 — Tenancy dispute in Viaduct Harbour, 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?