Klewer v The Owners – Strata Plan No. 70149 [2023] NSWCATCD 142

Klewer v The Owners – Strata Plan No. 70149 [2023] NSWCATCD 142

The application was dismissed because the applicant had persistently failed to pay levies when due and the respondent did not act unreasonably in refusing to waive interest or enter a $1200 per month plan covering both arrears and accruing levies; the applicant had agreed to pay the $3220 Eco timber upgrade; the Tribunal could not determine unit entitlement reallocation without valuation evidence and the owners corporation had not yet considered such a motion; the respondent had not refused action about the lot 1 tree because negotiations were occurring; and common property repair orders were inappropriate while the respondent was developing a scope of works.

Jurisdiction
Australia
Judgment Date
30 October 2023
Procedural Posture
Strata Schemes Application / Principal Judgment; Final Decision
Outcome
The application is dismissed.
Legal Topics
['levy Arrears' 'payment Plans' 'interest on Overdue Contributions' 'common Property Repairs' 'unit Entitlements' 'tree Damage']
['strata Schemes'] ['levy Arrears' 'payment Plans' 'interest on Overdue Contributions' 'common Property Repairs' 'unit Entitlements' 'tree Damage']

Case Brief

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Procedural Posture

Strata Schemes Application / Principal Judgment; Final Decision

Legal Issues

  1. 1 ['Whether the respondent unreasonably refused to allow a payment plan of levy arrears and accruing levies at $1200 per month.' 'Whether the respondent should have waived interest on arrears, fees and charges, and debt recovery costs.' 'Whether the applicant was entitled to reimbursement of $3220 paid for an upgrade to Eco timber for common property deck repairs.' 'Whether the Tribunal should order or compel unit valuations for possible adjustment of unit entitlements.' 'Whether the respondent refused to take action against the owner of lot 1 in relation to a tree allegedly causing damage to lot 4.' "Whether the Tribunal should order the respondent to make repairs to common property affecting the applicant's lot."]

Ratio Decidendi

The application was dismissed because the applicant had persistently failed to pay levies when due and the respondent did not act unreasonably in refusing to waive interest or enter a $1200 per month plan covering both arrears and accruing levies; the applicant had agreed to pay the $3220 Eco timber upgrade; the Tribunal could not determine unit entitlement reallocation without valuation evidence and the owners corporation had not yet considered such a motion; the respondent had not refused action about the lot 1 tree because negotiations were occurring; and common property repair orders were inappropriate while the respondent was developing a scope of works.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.']