OWNERS CORPORATION UNITS PLAN 220 & LINK CORPORATE SERVICES PTY LTD (Civil Dispute)

[2012] ACAT 4

ACT CIVIL & ADMINISTRATIVE TRIBUNAL

OWNERS CORPORATION UNITS PLAN 220 & LINK CORPORATE SERVICES PTY LTD (Civil Dispute) [2012] ACAT 4

XD 11/797

Catchwords:             CIVIL DISPUTE – payment in error – payment for work done

Tribunal:                  Ms J. Lennard, Senior Member

Date of Orders:  25 January 2012
Date of Reasons for Decision:         25 January 2012

AUSTRALIAN CAPITAL TERRITORY  )

CIVIL & ADMINISTRATIVE TRIBUNAL     )          XD 11/797

BETWEEN:

OWNERS CORPORATION UNITS PLAN 220

Applicant

AND:

LINK CORPORATE SERVICES PTY LTD

Respondent

TRIBUNAL:            Ms J. Lennard, Senior Member

DATE:  25 January 2012

ORDER

Taking into account the liability of the Respondent to the Applicant in the amount of $621.34 and the liability of the Applicant to the Respondent of $506.63, the Tribunal makes the following order:

1.   The Respondent is to pay an amount of $114.71 to the Applicant within 7 days of the date of this order.

………………………………..

Ms J. Lennard, Senior Member

REASONS FOR DECISION

1. Respondent has conceded liability for the claim for $160 paid by it to Doorland ACT on 19 July 2010.

2. The Applicant has established on the balance of probability that the Respondent in error caused payment to be made from the Applicant’s funds for rubbish removal services which were provided to the adjacent complex.

3. The Applicant has not established an overpayment of management fees to the Respondent. The evidence before the Tribunal included the letters of offer and acceptance, budgets for financial years from 2005 to 2010 and tax invoices levied by the Respondent. The Tribunal finds that it is more likely than not that the Respondent’s fees were inclusive of GST as reflected in the contract between the parties and tax invoices levied by the Respondent. The information contained in the annual projected budget did not include a GST component, but that alone does not render the budget item for management fees inclusive of GST. This particular claim is dismissed.

4. The Respondent has claimed payment from the Applicant for work done by the Respondent from 1 February 2011 to 2 March 2011. This is claimed at a pro rata daily rate. The contract between the parties was terminated, by written notice from the Applicant. The termination date was 14 February 2011. The Respondent is entitled to be paid until that date. Using the formula provided by the Respondent, the Tribunal has calculated that an amount of $423.45 is to be paid for the work carried out from 1 February to 14 February 2011.

5. On 4 February 2011, the Respondent handed to the new manager most of the documents relating to Units Plan 220, however, until 25 February, the Respondent continued to work towards the arranging of an audit. On
   25 February the Respondent was informed by the Applicant that an audit was no longer required. The Respondent is entitled to be paid for work done in organising the audit. Using the formula provided by the Respondent and discounting the daily rate by 75% the Tribunal has calculated an amount of $83.18 is to be paid for that work.

………………………………..

Ms J Lennard

Senior Member

PUBLICATION DETAILS

TO BE PUBLISHED

To be completed by Tribunal Staff

PART A  FILE NO:      AT 11/797

APPLICANT:               Owners Corporation Unit Plan 220

RESPONDENT:           Link Corporate Services Pty Ltd

COUNSEL APPEARING:      APPLICANT:          

RESPONDENT:      

SOLICITORS:  APPLICANT:           Mr O’Keefe

RESPONDENT:      

OTHER:  APPLICANT:          

RESPONDENT:      Mr Johnston

TRIBUNAL MEMBER/S:        Ms J. Lennard, Senior Member

DATE/S OF HEARING:         18 Nov 2011              PLACE: CANBERRA

DATE/S OF DECISION:         25 Jan 2012                PLACE: CANBERRA

PART B

RECOMMENDATION:

FULL REPORT ( )       CASE NOTE ( )        UNREPORTED DECISION ( )

COMMENTS: