New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Unpaid levies

Legal area

Court

25 Jun 2020

Body Corporate 201036 [2020] NZHC 1462

Citation

[2020] NZHC 1462
Court

High Court

The Official Assignee had disclaimed the bankrupt's interest in Unit R6 and the disclaimer caused loss to the Body Corporate by eliminating any person liable to pay ongoing levies and ground rent; having found the jurisdictional thresholds satisfied and no other party with a better interest willing or able to pay, it was fair to exercise the court's discretion under s119 to vest Unit R6 in the Body Corporate.
1 Dec 2017

BODY CORPORATE 201036 v MURPHY [2017] NZHC 2974

Citation

[2017] NZHC 2974
Court

High Court

The proceeding was struck out as frivolous and an abuse of process because commencing in the High Court circumvented the Tribunal's statutory jurisdiction for a modest levy claim (~$14,500), and there is no statutory power to transfer the matter to the Tribunal; the plaintiff remains free to pursue the claim in the Tribunal.
16 Mar 2017

BODY CORPORATE 212050 v WANG [2017] NZHC 476

Citation

[2017] NZHC 476
Court

High Court

Notices of levies were properly sent and, under the specified provisions of the Unit Titles Act 2010 and applicable unit owner resolutions, the body corporate was entitled to recover unpaid levies, water charges, removal costs, collection charges, legal costs and interest; accordingly judgment was entered jointly and severally against the defendants for the aggregated sum.