Villan v The Body Corporate for The Winston (Cairns) Community Titles Scheme 37263

[2024] QCA 31

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Procedure
3. › Civil proceedings in state courts
4. › Ending proceedings early
5. › Summary disposal
6. › Setting aside
7. › Whether defence of set-off available in debt recovery proceeding
8. › Body Corporate and Community Management Act 1997 (Qld), s 229A
1. Statutes
2. › Interpretation
3. › Context and purpose
4. › Body corporate legislation
5. › Dispute resolution provisions
6. › Whether 'related dispute' limited to same levy period
7. › Body Corporate and Community Management Act 1997 (Qld), ss 227, 228, 229, 229A
1. Real Property
2. › Community titles
3. › Body corporate levies
4. › Recovery of debts
5. › Dispute resolution
6. › Debt disputes and related disputes
7. › Defence of set-off for overpaid levies
8. › Body Corporate and Community Management Act 1997 (Qld), s 229A

Quick Take

A defence of set-off for overpaid levies from different levy periods is not excluded by the dispute resolution provisions of the Act and may be raised in court proceedings for body corporate debt recovery against lot owners.