Wright v The Owners - Units Plan No 14

The dispute in Wright v The Owners – Units Plan No 14 arose in the Civil and Administrative Tribunal of New South Wales. The Owners Corporation sought payment from the appellant, Wright, for unpaid levies, interest, and costs incurred due to the appellant’s failure to pay the levies and other charges. The tribunal had initially ordered Wright to pay the respondents the sum of $32,700.00, which included unpaid levies, interest, and costs incurred in two separate proceedings. Wright appealed this decision.

The primary legal issues before the tribunal were whether the costs claimed by the Owners Corporation were reasonable and proportionate, and if the Owners Corporation had correctly applied the double reasonableness test in assessing the costs. The tribunal was required to determine if the Owners Corporation’s claim for costs in the appeal was reasonable and proportionate, given the cumulative expenses claimed in both the original and appeal proceedings.

The tribunal found that the Owners Corporation’s claims were not entirely unreasonable, but certain costs claimed were not reasonable expenditure. The tribunal applied the proportionality test to the cumulative expenses claimed in both proceedings and the reasonableness test to moderate any excessive claims by the Owners Corporation. The tribunal concluded that the appeal was not successful and dismissed it. The tribunal ordered Wright to pay the respondents the sum of $32,700.00, comprising unpaid levies, interest, and costs for both proceedings.