Lot owner successfully avoids bankruptcy notice by alleging OC negligence

A lot owner has convinced the Federal Court of Australia to ignore a bankruptcy notice – issued by an owners corporation in an attempt to recover unpaid strata levies and associated costs – by establishing her own counter claim against the owners corporation. In this case, the owners corporation served the lot owner – Ms Blair – […]

The importance of correctly serving levy notices

In this case the NSW Court of Appeal left undisturbed the Supreme Court’s earlier decision that a lot owner had been properly served with notice of levies and was therefore liable to pay. Before the Supreme Court, the lot owner, Mr Chua, claimed he never received the levy notice. The issue was whether or not Mr Chua […]

Article: strata levy recovery and the requirement for expenses to be reasonable, but not proportionate

The NSW Supreme Court has reminded us of the requirement for section 80 levy recovery expenses to be ‘reasonably incurred’ and ‘reasonable in amount’. If there is any doubt, costs will be referred for assessment.

IIB Australia Pty Ltd v Owners Strata Plan 76024 (No 2) [2015] NSWSC 929 (16 July 2015) was an appeal from a decision of the Local Court. In the Local Court proceedings, the Owners Corporation claimed against a lot owner:-