Heaton v. Body Corporate for “Windsong Apartments” CTS 31804

The applicant, Mr. Heaton, sought an adjustment to the contribution schedule for the Windsong Apartments, asserting that a material change in circumstances had occurred. The respondent, the Body Corporate, opposed the application, arguing that no valid grounds existed for the requested adjustment. The matter was heard in the Civil and Administrative Tribunal of New South Wales.

The primary legal issue before the Tribunal was whether the grounds for the application, as claimed by Mr. Heaton, constituted a material change in circumstances that warranted an adjustment to the contribution schedule. This involved interpreting the definition of "material change" within the context of the Body Corporate and Community Management Act 1997 and any relevant case law. The Tribunal also needed to consider whether Mr. Heaton had provided sufficient evidence to substantiate his claim of a material change.

The Tribunal found that Mr. Heaton had not demonstrated a recognised ground for the adjustment of the contribution schedule. It was determined that the changes he cited did not meet the statutory definition of a "material change." The Tribunal emphasised that a material change must be of a significant nature, altering the financial circumstances of the lot owner in a substantial way. Mr. Heaton's evidence did not establish such a significant alteration. Consequently, the application was dismissed, and no order for costs was made.