The Owners - Strata Plan 11245 v Qasim

In the case of The Owners - Strata Plan 11245 v Qasim, the plaintiff, an owners corporation, sought to recover unpaid strata levies from the defendant, a strata lot owner. The dispute arose from the defendant's failure to pay levies for the period from 2014 to 2018, totalling $62,834.38, along with interest. The matter was heard in the NSW Civil and Administrative Tribunal (NCAT).

The primary legal issues involved whether the plaintiff could recover the unpaid levies and interest from the defendant, and if so, how the interest should be calculated. The court needed to determine if the levies were properly assessed and if the defendant had received proper notice of the levies, as required by the Strata Schemes Management Act 2015 (NSW). Additionally, the court had to consider the appropriate method for calculating the interest on the unpaid levies.

The NCAT found that the levies were properly assessed and that the defendant had been given adequate notice, as required by the legislation. The court also held that the defendant was liable for the unpaid levies and interest. Regarding the calculation of interest, the court directed the plaintiff to compute the interest in accordance with the reasons provided and to provide their calculations to the defendant and the court by a specified date. If the parties could not agree on the amount of interest, the defendant was given a limited opportunity to submit their own calculations.

The final orders of the tribunal included judgment for the plaintiff in the sum of $62,834.38, with specific directions for the calculation and submission of interest figures. The defendant was also ordered to pay the plaintiff's costs on the ordinary basis, as assessed or agreed.