Ceramidas v The Owners - Units Plan No 3488

Ceramidas v The Owners – Units Plan No 3488 is a case that was heard by the Civil and Administrative Tribunal of New South Wales. The applicant, Ceramidas, filed an application seeking an order for payment of unpaid levies from the respondents, the owners of a unit within a strata plan. The dispute arose out of the applicant’s assertion that the respondents had failed to pay certain levies that were due. The application was brought under the Strata Schemes Management Act 1996.

The primary legal issue before the Tribunal was whether the respondents were liable to pay the levies claimed by the applicant. The applicant argued that the respondents had failed to pay the levies and that the Tribunal had jurisdiction to order the payment of those levies. The respondents, on the other hand, argued that they had made the payments in dispute and that the applicant had not provided sufficient evidence to support the claim.

The Tribunal found that the applicant had provided sufficient evidence to establish that the levies in dispute were payable by the respondents. The Tribunal noted that the respondents had not provided any evidence to support their claim that they had made the payments in dispute. The Tribunal was satisfied that the applicant had discharged the onus of proof and that the respondents were liable to pay the levies claimed. The Tribunal ordered that the first respondent pay the applicant the amount of $1,099.68, which included the unpaid levies, late fees, interest, and the Tribunal’s filing fee. The application against the second respondent was dismissed as the applicant had not provided sufficient evidence to establish that the second respondent was liable to pay the levies claimed.