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I recently asked an agent of another strata plan if I could get a copy of an unreported Tribunal order that the strata plan received many years ago so it could be cited in an application by my strata plan.
“Privacy – can’t give you that” was the reply.I’m thinking how does that works when NCAT publish a digest every month with case decisions and there is literally hundreds, if not thousands, of decisions on Caselaw and other like sites.
Is this just another case of an a gent playing the privacy card improperly?
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Unless the decision was “sealed” you and any other owner is entitled to see it as it is a document held by the OC. Even if it was “sealed” you would probably be entitled to see it but not copy it. So, yes, the agent is hiding behind the privacy ploy.
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But is the OP not seeking a copy of something relating to a strata plan other than their own? Does privacy apply in that instance?
As already mentioned, the issue may turn on whether the OP is an owner or possibly tenant, in the strata for which the decision was made. If he is neither, he should get an owner to request the document for him.
As to the comment that ‘NCAT publish a digest every month with case decisions’, as I understand it, NCAT publishes a selection of cases, not all cases.