The Owners - Units Plan 840 v Richardson

The Owners - Units Plan 840 filed an application seeking default judgment against Richardson. The applicant was awarded a default judgment in the amount of $3174.04 by the tribunal on 5 November 2013, and a certificate of registration of judgment was issued in the Magistrates Court on 28 November 2013. The applicant subsequently applied for a debt redirection order on 24 March 2014, which was granted on 8 April 2014, and the respondent was ordered to pay the amount of the default judgment plus legal costs and interest. On 15 May 2014, the respondent filed an application to stay the enforcement proceedings and an application to set aside the default judgment, both of which were dismissed by the tribunal on 28 May 2014. The respondent made partial payments towards the debt redirection order, and the stay proceedings were ultimately lifted on 16 July 2014.

The legal issues before the tribunal were whether the respondent was liable to pay the amounts claimed by the applicant and, if so, what the appropriate amount was. The tribunal considered the evidence and submissions made by both parties and concluded that the respondent was liable to pay the amounts claimed by the applicant. The tribunal found that the respondent had made partial payments towards the debt redirection order, and that the amount of $71.06 remained outstanding. The tribunal also found that the applicant had incurred expenses in the amount of $631.24, which the tribunal ordered the respondent to pay.

The tribunal ordered that the respondent is to pay to the applicant, by close of business on 18 December 2015, the sum of $631.24 being comprised of: a) $297 for expenses of the owners corporation; b) $64.24 for interest on unpaid levies at 10%; and c) $270 filing fee. The tribunal considered that the respondent had not disputed the liability to pay the amounts claimed by the applicant and that the respondent had made partial payments towards the debt redirection order. The tribunal also found that the applicant had incurred expenses in the amount of $631.24, which the tribunal ordered the respondent to pay.