Published tribunal order
Tenancy Tribunal case 9071484 — Unit Titles in Albany, Auckland
Decided 27 Mar 2026 · Published 27 Mar 2026 · Application 9071484
- Unit Titles
- Costs
Order
Fantasyeyes Holding Limited must immediately pay Body Corporate 337924 $3,810.00 for its costs, calculated as follows: DescriptionsCosts Legal costs – 50 percent of actual costs$3,310.00 Filing Fee$500.00 Total award$3,810.00
Reasons
- This is a decision on costs made on the papers.
- Ms Wendt for the body corporate, made its submissions with her submissions on discontinuance dated 19 January 2026. The body corporate discontinued the proceedings because Fantasyeyes voluntarily complied with the order the proceedings sought that Fantasyeyes remove its lockers from the common property.
- On 21 January 2026, the Tribunal directed that Fantasyeyes had until 5 February 2026 to file submissions on costs if it wished to do so. It has not filed any submissions.
- Ms Wendt submits that s 127 of the Unit Titles Act 2010 and s 102 of the Residential Tenancies Act 1986 apply to costs in this case. I agree.
- Ms Wendt refers to rule 15.23 of the High Court Rules to submit by analogy costs are appropriate in this case despite the body corporate discontinuing the proceedings. I agree. The body corporate gave Fantasyeyes ample opportunity to remove its lockers which it had affixed to common property in breach of the Unit Titles Act and the body corporate’s operational rules. The body corporate only discontinued the proceedings because Fantasyeyes finally removed the lockers. If Fantasyeyes had not wisely finally relented, the body corporate’s claim would inevitably have succeeded.
- Section 127 applies to the issue of costs because the costs claims are “expense[s] incurred by the body corporate in doing...[an]...act, together with any reasonable costs incurred in collecting the expense, is recoverable as a debt due to 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. 1
- The body corporate’s costs ordered above are reasonable. It kindly seeks only 50 percent of it costs.
- Fantasyeyes must reimburse the body corporate for the cost of the filing fee required to initiate these proceedings. 2