Achiam v The Owners – Strata Plan No. 58026 [2022] NSWCATCD 66

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Achiam v The Owners – Strata Plan No. 58026 [2022] NSWCATCD 66 Hearing dates: 8 February 2022 Date of orders: 05 May 2022 Decision date: 05 May 2022 Jurisdiction: Consumer and Commercial Division Before: D Moujalli, Senior Member Decision: 1. No interest is chargeable by the respondent to the applicants on the contributions levied on the applicants in respect of the period from 1 May 2019 to 31 December 2020. 2. The respondent is to pay the applicants the sum of $892.34 immediately. Catchwords: STRATA TITLES LAW — Strata schemes — Interest on late payment of strata levies – Whether reasonable to charge interest on late payment of strata levies Legislation Cited: Strata Schemes Management Act 2015 (NSW) Cases Cited: Coshott v The Owners of SP 48892 [2006] NSWSC 308 Texts Cited: Nil Category: Principal judgment Parties: Jose Achiam and Si Leng Leng (Applicants) The Owners – Strata Plan No. 58026 (Respondent) Representation: R Perez (Applicants) S Ecob (Respondent) File Number(s): SC 21/35875 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. On or about 18 August 2021 the applicants lodged an application with the Tribunal against the owners corporation of Strata Plan 58026 (the Application). 2. The applicants are lot owners in the strata scheme in respect of Strata Plan 58026. 3. The Application seeks orders under the Strata Schemes Management Act 2015 (NSW) (the SSMA). Specifically it seeks orders under ss 85 and 232 in respect of interest which has been charged to the applicants in respect of the late payment of certain strata contributions and expenses of the owners corporation in recovering such contributions. 4. The Application was listed for hearing on 8 February 2022. 5. At the hearing on 8 February 2022, the applicants were represented by their property manager, Mr Perez, and the respondent was represented by its commercial agent, Mr Ecob. 6. The hearing proceeded by telephone. At the hearing each party was given an opportunity to present evidence, ask questions of the other party and make submissions.