In The Body Corporate for The Anchorage One v Huang [2024] QDC 60, the District Court addressed issues surrounding the payment of contributions levied against a commercial property owner, and counterclaims of water damage due to alleged negligence by the Body Corporate.
The plaintiff, The Body Corporate for The Anchorage One – Community Title Scheme 35311, sought to recover unpaid administrative and sinking fund contributions from the defendant, Yue Huang, for her commercial lot from October 2016 to April 2022. The total amount claimed was approximately $141,000, including contributions, recovery costs, and statutory penalties.
Huang denied receiving many of the contribution notices and claimed the amounts were calculated incorrectly. She counterclaimed, arguing that the Body Corporate's failure to maintain the common area outside her lot, specifically the pavers, resulted in substantial rainwater damaging her lot and causing a loss of income.
The court found that Huang was liable for the contributions totalling $54,620.05 but also determined that due to the Body Corporate's negligence in maintaining the pavers, Huang was entitled to $13,404.63 in damages for the water damage caused by the significant rainfall event in February 2019.