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Body Corporate S90876 v Montessori Foundation Ltd [2019] NZDC 23477

Published 02 December 2022

Appeal — Tenancy Tribunal — application to recover money — body corporate levy — Unit Titles Act 2010, ss 84(1) & 124 — Devaynes v Noble (Clayton's case) 35 ER 781; (1816) 1 Mer 529,572 — Cory Brothers and Co Ltd v Owners of Turkish Steamship Mecca [1897] AC 286. The appellant body corporate (the BC) appealed a decision in the Tenancy Tribunal that the respondent's 2017/2018 body corp levy had been paid in full. The issue arose as it was unclear whether the amount was due in June 2018 (as specified on the invoice) or June 2019 (as decided at a BC meeting). The Judge determined that as the BC had not specified a fixed date for payment, s 124 of the Unit Titles Act meant the BC could not seek recovery of the levy. The appeal was dismissed. Judgment Date: 9 December 2019.

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