The Owners – Strata Plan No. 1813 v Keevers [2022] NSWCATCD 104

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No. 1813 v Keevers [2022] NSWCATCD 104 Hearing dates: 28 April 2022 Date of orders: 06 July 2022 [amended 19 July 2022] Decision date: 06 July 2022 Jurisdiction: Consumer and Commercial Division Before: Kevin Andronos SC, Senior Member Decision: Pursuant to Section 63 of the Civil and Administrative Tribunal Act 2013, reasons published are amended to read as follows: In matter SC 22/03898 (1) Pursuant to s. 86(1) of the Strata Schemes Management Act 2015 (the SSMA), the Respondent pay to the Applicant the sum of $18,000.00. (2) Pursuant to ss. 86(1) and 85(1) of the SSMA the Respondent pay to the Applicant interest on the sum outstanding under order 1 at the rate of 10% per annum from 16 September 2021 to the date of payment. (3) The Respondent pay the costs of the Applicant as assessed or agreed. In matter SC 21/50064 (1) Pursuant to s. 86(1) of the SSMA, the Respondent pay to the Applicant the sum of $8,944.58. (2) Pursuant to ss. 86(1) and 85(1) of the SSMA the Respondent pay to the Applicant interest on the sum outstanding under order 1 at the rate of 10 % per annum from 2 November 2021 to the date of payment. (3) The Respondent pay the costs of the Applicant as assessed or agreed. In matter SC 21/51320 (1) Pursuant to s. 86(1) of the SSMA, the Respondent pay to the Applicant the sum of $18,000.00. (2) Pursuant to ss. 86(1) and 85(1) of the SSMA the Respondent pay to the Applicant interest on the sum outstanding under order 1 at the rate of 10% per annum from 16 November 2021 to the date of payment. (3) The Respondent pay the costs of the Applicant as assessed or agreed. Catchwords: LAND LAW – Strata schemes – Recovery of unpaid contributions and interest Legislation Cited: Strata Schemes Management Act 2015 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Australian Consumer Law (NSW) Body Corporate and Community Management Act 1997 (Qld) Evidence Act 1995 (NSW) Legal Profession Uniform Law (NSW) Cases Cited: Expense Reduction Analysts Group Pty Limited v Armstrong Strategic Management Pty Limited (2013) 250 CLR 303 Aon Risk Management Services v Australian National University (2009) 239 CLR 175 O'Neill v T and I Engines Pty Limited [2015] NSWCATAP 77 Sayhoun v Owners Corporation Strata Plan 75123 [2014] NSWCATAP 112 Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 Dunlop & Anor v Body Corporate for Port Douglas Queenslander CTS 886 & Ors (No 2) [2021] QSC 265 Village Cay Marina v Acland [1998] 2 BCLC 327 Briginshaw v Briginshaw (1938) 60 CLR 336 Louth v Diprose (1992) 175 CLR 621 ACCC v CG Berbatis Holdings [2003] HCA 18, (2003) 214 CLR 51 ASIC v Kobelt [2019] HCA 18, (2019) 267 CLR 1 ACCC v Geowash Pty Limited [2019] FCA 72 ACCC v McCaskey [2000] FCA 1037; (2007) 104 FCR 8 Hodges v Webb [1920] 2 Ch 70 Texts Cited: Nil Category: Principal judgment Parties: The Owners – Strata Plan No 1813 (Applicant) Francis Johnie Keevers (Respondent) Representation: Solicitors: Madison Marcus Law Firm (Applicant) Terrett Lawyers (Respondent) File Number(s): SC 21/50064 SC 21/51320 SC 22/03898 Publication restriction: Nil