Strata Plan No 48892 v Robert Gilbert Coshott [2004] NSWLC 6

Local Court of New South Wales

CITATION: Strata Plan No 48892 v Robert Gilbert Coshott [2004] NSWLC 6 JURISDICTION: Civil PARTIES: Strata Plan 48892 Robert Gilbert Coshott FILE NUMBER: 7804/03 PLACE OF HEARING: The Downing Centre DATE OF DECISION: 12/13/2004 MAGISTRATE: Magsitrate B A Lulham CATCHWORDS: Levies - Corporation - recover outstanding levies - expenses incurred - Levy contribution - sinking fund - Federal Court costs - Independent unit Management - Strata Plan - Special Levy LEGISLATION CITED: Bankruptcy Act Corporation Act Port of Melbourne v Anshun Pty Ltd CASES CITED: The Proprietors Units Plan No 52 v Gold (1993) 44 FCR 123 The Proprietors of Strata Plan 425 v Sidwell (1987) NSW Ms P Koroknay instructed by David Le Page Solicitor REPRESENTATION: Mr Coshott in person Hill Ryner & Company ORDERS: 1. There will be judgment in favour of the plaintiff in the sum of $18,339.53 2. The defendant is ordered to pay interest on the outstanding levies calculated in the judgment in the sum of $3,061.18. 3. I will hear from the parties on the question of costs.

Reasons for Decision BACKGROUND TO DISPUTE 1 The plaintiff is the Owners Corporation under the Act (hereinafter referred to as "the Act") in respect of premises 3 Pine Hill Avenue, Double Bay. The building consists of six units. The plaintiff alleged that the defendant was the registered proprietor of the property being Unit 2 and being Lot 2 in Strata Plan 48892 (hereinafter referred to as "Lot 2"). The plaintiff sued to recover outstanding levies in relation to Lot 2 totalling $14,233.60 together with interest to 7 October 2003 of $1,170.44, and the sum of $4,792.93 being a debt claimed pursuant to s 80(1) of the Act in respect of expenses incurred in recovering previous outstanding levies.