The Owners-unit Plan No 840 v Richardson

In the case of The Owners-unit Plan No 840 v Richardson, the dispute centred on unpaid levies for a unit title. The matter was heard in the Civil and Administrative Tribunal of New South Wales. The appellant, representing the body corporate, sought to recover unpaid levies from the respondent, the owner of a unit within the plan. Additionally, the appellant claimed the costs incurred in taking action in the tribunal to recover these levies, pursuant to section 31 of the Unit Titles (Management) Act 2011. The respondent contested the claim, arguing that a settlement agreement existed which precluded the recovery of the levies and associated costs.

The primary legal issues before the tribunal were whether the legal costs incurred in the tribunal action were recoverable under section 31 of the Act and whether a settlement agreement had been reached between the parties. The tribunal examined the terms of the alleged settlement agreement and the statutory provision to determine if the appellant was entitled to recover the costs in question. The respondent argued that the settlement agreement precluded the recovery of the levies and associated costs, while the appellant maintained that the agreement did not prevent the recovery of costs under the specific statutory provision.

The tribunal found that the appellant was entitled to recover the unpaid levies and the associated legal costs pursuant to section 31 of the Act. The tribunal determined that the settlement agreement did not preclude the recovery of costs under the Act, as the costs were specifically permitted by statute. Consequently, the tribunal ordered the respondent to pay the appellant the outstanding levies and associated costs. The appeal was dismissed in all other respects.

The tribunal ordered that the respondent pay the appellant the sum of $1,938.39 by 11 July 2016. This amount represented the full and final discharge of all moneys owed by the respondent to the appellant as at 17 June 2016. The appeal was dismissed in all other respects, leaving the tribunal's decision on the recovery of unpaid levies and associated costs intact.