The Owners - Strata Plan 11245 v Qasim

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

The Owners – Strata Plan 11245 v Qasim [2024] NSWDC 468

Hearing dates:

8, 30 November 2023; 30 April; 1, 2 May (further written submissions); 7 and 14 June 2024 (further written submissions)

Date of orders:

21 June 2024

Decision date:

21 June 2024

Jurisdiction:

Civil

Before:

Andronos SC DCJ

Decision:

(1)   Judgment for the plaintiff against the defendant in the sum of $62,834.38.

(2) With respect to interest under s 86 of the Strata Schemes Management Act 2015 (NSW):

(a)   Direct the plaintiff to calculate interest in accordance with these reasons and to provide its calculations to the Court and to the defendant by 5pm on 26 June 2024.

(b)   If the sum of interest is not agreed, direct the defendant to provide to the plaintiff and to the Court any submission, limited to 2 pages and only as to the computation of interest by the plaintiff, by 5pm on 1 July 2024.

(3)   The defendant pay the plaintiff’s costs on the ordinary basis as assessed or agreed.

Catchwords:

LAND LAW — Strata title — Owners corporation — Contributions by owners – Recovery of unpaid contributions and interest – Unpaid strata levies – Notice of Levy

Legislation Cited:

Strata Schemes Management Act 1996 (NSW), s 78

Strata Schemes Management Act 2015 (NSW), s 4, s 24, s 79, s 81, s 83, s 85, s 86, s 103, s 106, Sch 1

Uniform Civil Procedure Rules 2005, r 42.1, Sch 7

Cases Cited:

Briginshaw v Briginshaw (1938) 60 CLR 336

Coshott v The Owners of Strata Plan No. 48892 [2006] NSWSC 308

Qassim v Mitchell [2022] NSWSC 698

The Owners – Strata Plan No 2227 v Navhand Pty Ltd [2023] NSWDC 568

Category:

Principal judgment

Parties:

The Owners - Strata Plan No 11245 (plaintiff)
Shaheen Qasim (defendant)

Representation:

Counsel:
Mr T Bland (plaintiff)

Solicitors:
Strathfield Law (plaintiff)

Other:
Defendant (self-represented)

File Number(s):

2021/00070005

Publication restriction:

Nil

JUDGMENT

1. The plaintiff, The Owners – Strata Plan 11245, seeks an order pursuant to s 86(2A) of the Strata Schemes Management Act 2015 (NSW) (the “Act”) that the defendant, Shaheen Qasim, pay unpaid contributions due under the Act, together with interest on those contributions and reasonable recovery expenses.

2. The plaintiff is the registered proprietor of the common property in a building comprising four units at William Street, Randwick, NSW (the “Building”) and manages the strata scheme in respect of the Building. The defendant is, and was at all material times, the owner of two units, being Lots (or units) 3 and 4 in the Building. She lives in unit 4.

3. The plaintiff and the owners of Lots 1 and 2 in the Building have been in dispute with the defendant for many years. There have been many proceedings between them conducted in this Court, the Local Court, the Supreme Court and the New South Wales Civil and Administrative Tribunal (NCAT). It is unlikely that these proceedings will be the last.

4. These proceedings are…