The Owners – Units Plan 3492 v Robson & Anor (Civil Dispute)

[2018] ACAT 30

ACT CIVIL & ADMINISTRATIVE TRIBUNAL

THE OWNERS – UNITS PLAN 3492 v ROBSON & ANOR (Civil Dispute) [2018] ACAT 30

XD 505/2016

Catchwords:              CIVIL DISPUTE – unpaid levies – owners corporation incurred expenses when taking action to recover unpaid levies – whether it was reasonable for the relevant owners corporation to incur the expenses claimed – whether each component of the expenses sought is reasonable

Legislation cited:      Unit Titles Management Act 2011 s 31

Cases cited:The Owners – Unit Plan No 3182 v Black and Anor [2018] ACAT 6

Tribunal:                   Senior Member H Robinson

Date of Orders:  20 March 2018

Date of Reasons for Decision:         20 March 2018

AUSTRALIAN CAPITAL TERRITORY  )

CIVIL & ADMINISTRATIVE TRIBUNAL       )          XD 505/2016

BETWEEN:

THE OWNERS – UNITS PLAN 3492

Applicant

AND:

ANGELA JOY ROBSON

First Respondent

JOSHUA THADDEUS LEACH

Second Respondent

TRIBUNAL:             Senior Member H Robinson

DATE:20 March 2018

ORDER

The Tribunal orders that:

1. Within 28 days the respondent pay the applicant the amount of $1,430.00.

………………………………..

Senior Member H Robinson

REASONS FOR DECISION

1. These reasons are supplementary to the Tribunal’s reasons in The Owners – Unit Plan No 3182 v Black and Anor [2018] ACAT 6 (Black).

2. The respondent was ordered to pay the applicant the sum of $4,828.85 for unpaid levies, interest and the application fee. Additionally, the applicant claimed the following expenses:

Default judgment application	$165.00
Register ACAT judgment	$66.00
Serve judgment order on debtor	$66.00
Issue ACAT debt application	$396.00
Default judgment application	$165.00
Assessment hearing	$220.00
Assessment hearing	$220.00
Register ACAT judgment	$66.00
Serve judgment order on debtor	$66.00
Total	$1,430.00

1. Taking into account the guiding principles outlined in Black, the Tribunal accepts that it was reasonable for the corporation to:

   (a)engage an agent to take steps to recover the debt;

   (a)issue proceedings; and

   (b)recover the enforcement costs of previous proceedings against the same debtor in this proceeding.

2. The next question is whether the amount of the expenses was reasonable.  The legal costs claimed for issuing the debt application, default judgment, assessment hearings are allowable for the same reasons as those in Black.

3. The claim for expenses under section 31 of the Unit Titles (Management) Act 2011 is allowed in the sum of $1,430.00.

   ………………………………..

   Senior Member H Robinson