What was Tenancy Tribunal case 9069564 about?

The tribunal order states: [The party], [The party] must pay Body Corporate 490569 $59,442.80

How much money was awarded in case 9069564?

Costs: Appearance At Hearing: $158.13 awarded to landlord; Costs: BC Debt Admin Unit 001: $920.00 awarded to landlord; Costs: BC Debt Admin Unit 013: $920.00 awarded to landlord; Costs: S 124 Costs: $5,474.25 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $2,295.82 awarded to landlord; Interest: $625.37 awarded to landlord; Ordinary Levy: Unit 001: $12,576.82 awarded to landlord; Ordinary Levy: Unit 013: $2,812.41 awarded to landlord; Special Levy: Unit 001: $25,890.00 awarded to landlord; Special Levy: Unit 013: $7,270.00 awarded to landlord

What type of tenancy dispute was case 9069564?

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

Where can I read the official tribunal order for case 9069564?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12449679-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9069564 about?

The tribunal order states: [The party], [The party] must pay Body Corporate 490569 $59,442.80

How much money was awarded in case 9069564?

Costs: Appearance At Hearing: $158.13 awarded to landlord; Costs: BC Debt Admin Unit 001: $920.00 awarded to landlord; Costs: BC Debt Admin Unit 013: $920.00 awarded to landlord; Costs: S 124 Costs: $5,474.25 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $2,295.82 awarded to landlord; Interest: $625.37 awarded to landlord; Ordinary Levy: Unit 001: $12,576.82 awarded to landlord; Ordinary Levy: Unit 013: $2,812.41 awarded to landlord; Special Levy: Unit 001: $25,890.00 awarded to landlord; Special Levy: Unit 013: $7,270.00 awarded to landlord

What type of tenancy dispute was case 9069564?

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

Where can I read the official tribunal order for case 9069564?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12449679-UTA_Tribunal_Order.pdf.

Grafton, Auckland Tenancy Tribunal Case 9069564 — Unit Titles

Order

Claims and awards in Tenancy Tribunal application 9069564. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Ordinary Levy: Unit 001	$12,576.82	Ordinary Levy: Unit 001
Special Levy: Unit 001	$25,890.00	Special Levy: Unit 001
Ordinary Levy: Unit 013	$2,812.41	Ordinary Levy: Unit 013
Special Levy: Unit 013	$7,270.00	Special Levy: Unit 013
Costs: BC Debt admin Unit 001	$920.00	Costs: BC Debt admin Unit 001
Costs: BC Debt admin Unit 013	$920.00	Costs: BC Debt admin Unit 013
Costs: s 124 costs	$5,474.25	Costs: s 124 costs
Costs: Appearance at hearing	$158.13	Costs: Appearance at hearing
Filing Fee	$500.00	Filing Fee
Interest to 23 September 2025 for Unit 001	$2,295.82	Interest to 23 September 2025 for Unit 001
Interest to 23 September 2025 for Unit 013	$625.37	Interest to 23 September 2025 for Unit 013

[The party], [The party] must pay Body Corporate 490569 $59,442.80 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy: Unit 001$12,576.82 Special Levy: Unit 001$25,890.00 Ordinary Levy: Unit 013$2,812.41 Special Levy: Unit 013$7,270.00 Costs: BC Debt admin Unit 001$920.00 Costs: BC Debt admin Unit 013$920.00 Costs: s 124 costs$5,474.25 Costs: Appearance at hearing$158.13 Filing Fee$500.00 Interest to 23 September 2025 for Unit 001$2,295.82 Interest to 23 September 2025 for Unit 013$625.37 Total award$59,442.80

Reasons

The Body Corporate was represented by Ms May Naidoo of Price Baker Berridge. Mr Godfrey Fong appeared on behalf of the owners. The hearing was conducted via video.

Mr Fong had no right of audience or authority but he explained he has engaged in the matter on behalf of the elder owners. He had filed a counterclaim submission on the weekend. During the preliminary stages of the hearing this counterclaim was discussed. He was advised of the need to establish his authority to act for the owners and commence any proceedings as envisaged in his submission. It was explained to him that higher courts have confirmed that levies are a statutory debt owed to the body corporate, and the obligation to pay is not conditional on the body corporate meeting other obligations or resolving other disputes. The principle is that levies must be paid in full and cannot be set off against other claims the unit owner may have against the body corporate (for example, for repairs or other disputes).

Given that, Mr Fong exited the hearing.

The body corporate has applied 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. 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 building had required significant remedial work. This has necessitated a special levy be imposed.

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 reasonable.

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.

Claims and awards in Tenancy Tribunal application 9069564. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Ordinary Levy: Unit 001	$12,576.82	Ordinary Levy: Unit 001
Special Levy: Unit 001	$25,890.00	Special Levy: Unit 001
Ordinary Levy: Unit 013	$2,812.41	Ordinary Levy: Unit 013
Special Levy: Unit 013	$7,270.00	Special Levy: Unit 013
Costs: BC Debt admin Unit 001	$920.00	Costs: BC Debt admin Unit 001
Costs: BC Debt admin Unit 013	$920.00	Costs: BC Debt admin Unit 013
Costs: s 124 costs	$5,474.25	Costs: s 124 costs
Costs: Appearance at hearing	$158.13	Costs: Appearance at hearing
Filing Fee	$500.00	Filing Fee
Interest to 23 September 2025 for Unit 001	$2,295.82	Interest to 23 September 2025 for Unit 001
Interest to 23 September 2025 for Unit 013	$625.37	Interest to 23 September 2025 for Unit 013

Order

[The party], [The party] must pay Body Corporate 490569 $59,442.80 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy: Unit 001$12,576.82 Special Levy: Unit 001$25,890.00 Ordinary Levy: Unit 013$2,812.41 Special Levy: Unit 013$7,270.00 Costs: BC Debt admin Unit 001$920.00 Costs: BC Debt admin Unit 013$920.00 Costs: s 124 costs$5,474.25 Costs: Appearance at hearing$158.13 Filing Fee$500.00 Interest to 23 September 2025 for Unit 001$2,295.82 Interest to 23 September 2025 for Unit 013$625.37 Total award$59,442.80

Reasons

The Body Corporate was represented by Ms May Naidoo of Price Baker Berridge. Mr Godfrey Fong appeared on behalf of the owners. The hearing was conducted via video.
Mr Fong had no right of audience or authority but he explained he has engaged in the matter on behalf of the elder owners. He had filed a counterclaim submission on the weekend. During the preliminary stages of the hearing this counterclaim was discussed. He was advised of the need to establish his authority to act for the owners and commence any proceedings as envisaged in his submission. It was explained to him that higher courts have confirmed that levies are a statutory debt owed to the body corporate, and the obligation to pay is not conditional on the body corporate meeting other obligations or resolving other disputes. The principle is that levies must be paid in full and cannot be set off against other claims the unit owner may have against the body corporate (for example, for repairs or other disputes).
Given that, Mr Fong exited the hearing.
The body corporate has applied 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. 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 building had required significant remedial work. This has necessitated a special levy be imposed.
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 reasonable.
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 9069564 — Unit Titles in Grafton, Auckland

At a glance

Tenancy Tribunal case 9069564 — Unit Titles in Grafton, Auckland

At a glance

Claims & awards

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions