NSW: Will NCAT consider owners corporation finances in levy payment plan disputes?

Published April 22, 2026 By Matthew Lo Leave a Comment Last Updated April 22, 2026

Question: If a dispute over a levy recovery matter proceeds to NCAT to determine the reasonableness of a proposed payment plan, will the Tribunal consider the owners corporation’s financial position?

Answer: The financial position of the owners corporation would likely be a less persuasive consideration as opposed to a lot owner’s financial position.

The current amendment only uses the term “reasonable” without providing a list of what factors may be considered in arriving at a “reasonable” refusal of a payment plan. This is likely something to be clarified in the regulations, yet to be rolled out. Generally, whilst the owners corporation’s financial position may be a consideration, it would likely be a less persuasive consideration than a lot owner’s financial position.

This post appears in the June 2025 edition of The NSW Strata Magazine.

Matthew Lo
Kerin Benson Lawyers
E: enquiries@kerinbensonlawyers.com.au
P: 02 8706 7060

About Matthew Lo

Matthew is Special Counsel at Kerin Benson Lawyers. He graduated Laws from UNSW with Honours and has practiced as a solicitor for over 10 years in civil litigation and have acted for and advised clients in a range of matters, including in disputes with respect to: property damage, development approval, strata, insurance, contracts, trusts, consumer law, and class actions.

In addition to legal practice, Matthew was a contributor to Wolters Kluwer’s Australian Company Law Commentary and an author to LexisNexis’ Practical Guidance for Total and
Permanent Disablement Insurance.

Matthew is an active member of the Law Society of New South Wales and was appointed by the President of the Law Society of New South Wales to: its Business Law Committee since 2021, where Matthew has particular interest in Financial Services; and its Costs Committee since 2023. He was awarded Highly Commended Committee Member of the Year by the Law Society in 2024.

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NSW: Will NCAT consider owners corporation finances in levy payment plan disputes?

Question: If a dispute over a levy recovery matter proceeds to NCAT to determine the reasonableness of a proposed payment plan, will the Tribunal consider the owners corporation’s financial position?

Answer: The financial position of the owners corporation would likely be a less persuasive consideration as opposed to a lot owner’s financial position.

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Question: If a dispute over a levy recovery matter proceeds to NCAT to determine the reasonableness of a proposed payment plan, will the Tribunal consider the owners corporation’s financial position?

Answer: The financial position of the owners corporation would likely be a less persuasive consideration as opposed to a lot owner’s financial position.

About Matthew Lo

Leave a Reply Cancel reply

WEBSITE INFORMATION

Disclaimer