The Owners Units Plan 3788 v Black

The Owners Units Plan 3788 sought to recover unpaid levies from Black, the owner of a unit within the plan. The dispute reached the Civil and Administrative Tribunal of New South Wales, where the Tribunal had to determine whether it was reasonable for the Owners Corporation to incur the expenses it claimed in taking action to recover the unpaid levies. Specifically, the Tribunal had to consider whether the expense for registering a charge was reasonable and whether each component of the expenses sought was reasonable.

The Tribunal examined the nature and purpose of the expenses claimed by the Owners Corporation. It considered whether the expenses were necessary and reasonable in the circumstances, including whether they were incurred in good faith and for the benefit of the owners corporation. The Tribunal also looked at the reasonableness of the expense for registering a charge, which is a standard procedure when taking action to recover unpaid levies.

The Tribunal concluded that the Owners Corporation had reasonably incurred the expenses claimed in taking action to recover the unpaid levies. It found that the expense for registering a charge was reasonable and that each component of the expenses sought was necessary and reasonable. The Tribunal ordered that Black pay the Owners Corporation the amount of $1,243.00 within 28 days.