@justsaying said:
the lawyers involved…. Both leading strata lawyers! One, I suspect , who thrives on ongoing litigation!
what chance do we have? Going to NCAT? That is one flip of a coin where not everyone is a lawyer and often miss the critical and supplementary evidence.
Yes, there are differences in strata lawyers too – some like to fight and win, some prefer to mediate and reach some acceptable compromise. You pays your money, you makes your choice.
The reason there are so many grey areas in strata law is that NCAT and its predecessor the CTTT were buffers that prevented courts from setting precedents that could be used as benchmarks in subsequent cases.
You’ll find the few areas of rock-solid strata law, such as the OC’s duty to maintain and repair common property, come not from the law itself but from case law established in the Supreme and even higher courts.
The fundamental question on your issue is “pain versus gain” – is it worth all the hassle, frustration and expense (in time and energy as well as fees) even when you know you are right?
Never forget the litigating lawyer’s five favourite words: “It’s a matter of principle …”