Application by the Owners Corporation for unpaid fees and special levies struck before the Respondent
became the owner of the subject Lot and unpaid by the previous owner; the sum payable by the Respondent
at settlement reduced by the quantum of the unpaid fees and levies; the Respondent undertook to pay the
outstanding fees and levies by a specified date post the settlement of its purchase of the lot, in consideration
of the Owners Corporation forbearing to issue recovery proceedings; the Respondent failed to make
payment; the Owners Corporation issued recovery proceedings; the Respondent counterclaimed alleging
the special levies were not lawfully struck; held that the Respondent breached the agreement with the
Owners Corporation without just cause; Counterclaim dismissed.

Owners Corporation Plan No. 22776 v Flammea Family Trust Pty Ltd (Owners Corporations) [2020] VCAT 1079 (25 September 2020)