Reply To: Taking a neighbour to the Local Court

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05/09/2019 at 4:33 pm #41787
TrulEConcerned
Flatchatter
Chat-starter

    I really hope you’re wrong, but on reflection you may be right. At the LC the defendant’s solicitor did not seem to make a case. This is after he turned up 40 mins late. All he said was that the neighbour had OC approval for the renovations. He did not dispute my tenants vacated early or that I was out of pocket for months on end.

    Also I heard of a recent NCAT decision where tenants claimed noise from a neighbour caused their premises to be unlivable and so they vacated unilaterally. NCAT rejected the tenants’ application. But in my NCAT case (self represented) NCAT said the premises were uninhabitable. Again the counter-party (the tenants) had a lawyer (young, inexperienced and ill prepared), who won.

    Prior to appealing the judgement, I suppose I need to weigh up

    1. The chance of success;
    2. The cost of hiring a lawyer; AND
    3. The defendant’s likely legal bill in the event that my lawyer loses.
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