The Owners - Neighbourhood Plan No.285882 v Murray Moama Pty Ltd and New Age Resorts Operations Pty Ltd [2022] NSWDC 644

District Court New South Wales

Medium Neutral Citation: The Owners - Neighbourhood Plan No.285882 v Murray Moama Pty Ltd and New Age Resorts Operations Pty Ltd [2022] NSWDC 644 Hearing dates: 1 December 2022 Date of orders: 16 December 2022 Decision date: 16 December 2022 Jurisdiction: Civil Before: Weber SC DCJ Decision: (1) Judgment and verdict for the defendants against the plaintiff (2) The plaintiff to pay the defendants costs Catchwords: LAND LAW – Whether certificates provided by a neighbourhood association are conclusive evidence of levy debt pursuant to s 26(5) of the Community Land Development Act 1989 Legislation Cited: Community Land Development Act 1989 Category: Principal judgment Parties: Plaintiff: The Owners of Neighbourhood Plan No.285882 First Defendant: Murray Moama Pty Ltd Second Defendant: New Age Resorts Operations Pty Ltd Representation: Counsel: Plaintiff: Mr M Bennett First Defendant: No appearance Second Defendant: Mr D Elliot

Solicitors: Plaintiff: Summer Lawyers First Defendant: Strategic Law Partners Second Defendant: Forbes Kirby Lawyers File Number(s): 2020/00334954 Publication restriction: None

JUDGMENT 1. The plaintiff is the Neighbourhood Association of certain property in Moama. It is incorporated and constituted under the Community Land Development Act 1989 ("the Act"). The property includes both separate residences, and common property. 2. The proceedings concern a claim by the plaintiff for payment of unpaid contributions to the Moama development's administrative and sinking fund in respect of 11 lots in the development ("The Levies"). 3. The total claimed is $445,006.81. 4. The 11 lots were originally owned by TCSH Pty Ltd ("TCSH"). The first defendant Murray Moama Pty Limited was TCSH's mortgagee. On 18 July 2017 Murray Moama entered into possession of the 11 lots. Later, in exercise of its power of sale, Moama sold the units to the second defendant. These contracts settled on 13 January 2021. 5. The defendants' liability to the plaintiff, if established, is joint and several (s 20 (6) of the Act). 6. The first defendant did not appear at the hearing.