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Tang v Body Corporate 183930 [2019] NZDC 7370

Published 08 August 2019

Costs — Tenancy Tribunal — leaky building — Unit Titles Act 2010 s 124 — indemnity costs — res judicta — Bradbury v Westpac Banking Corp (2009) 18 PRNZ — Body Corporate 162791 v Gilbert [2015] NZCA 185 — Butcher v Body Corporate 324525 [2017] NZHC 1061. The appellant had been unsuccessful in both the Tenancy Tribunal and his subsequent appeal to the District Court on matters relating to his body corporate levies. The matters raised were considered res judicta, as the issues had been addressed in the High Court and Court of Appeal. The respondent sought $18,118.80 for solicitor-client costs, $583.60 for disbursements, and $1,221.30 for costs for the secretary. The respondent submitted that the cost of the appeal would fall on the other unit owners. The Judge reviewed the submissions by counsel and ordered the appellant pay the stipulated costs, as they were reasonable costs incurred in collecting an unpaid levy, per s 124(2) of the Unit Titles Act 2010. Judgment Date: 29 April 2019.

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