The Owners Units Plan No 3802 v Ilhan (Civil Dispute)

The Owners Units Plan No 3802, as represented by the body corporate, brought a claim against Ilhan in the Civil and Administrative Tribunal of New South Wales. The dispute centred on unpaid levies that were due under the body corporate’s rules and the strata scheme. Ilhan, a unit owner within the scheme, failed to pay the levies, leading to the claim for recovery of the outstanding amount. The Tribunal was tasked with determining whether the body corporate was entitled to the unpaid levies and, if so, the quantum of the debt.

The primary legal issues before the Tribunal were whether the levies were indeed due and payable by Ilhan and, if so, whether the body corporate was entitled to recover them. The Tribunal had to examine the terms of the body corporate’s rules and the strata scheme to ascertain the obligations of the unit owners. Additionally, the Tribunal needed to assess whether any defences Ilhan had put forward were valid and whether the body corporate had followed the appropriate procedures in seeking to recover the levies.

In its decision, the Tribunal confirmed that the levies were indeed due and payable by Ilhan as per the body corporate’s rules and the strata scheme. The Tribunal found that Ilhan had failed to provide any evidence to counter the body corporate’s claim or to show that any defences he had raised were valid. Consequently, the Tribunal determined that the body corporate was entitled to recover the unpaid levies. The amount owed was calculated based on the levies that had accrued and the Tribunal ordered that Ilhan pay the specified sum within 28 days.