The OC failed to attend, so I was offered the opportunity to go to NCAT. But at NCAT I want to approach this matter differently.
I think you’ll find that if you try to change the specifics of your action at NCAT, the Tribunal may not accept it as this is not what you went to mediation about (even though the other side didn’t turn up).
What you are now seeking seems to be to punish the strata committee for deceptive behaviour. Your options in that regard are limited to seeking removal of some or all of the office-bearers from their roles on the committee, seeking their removal from the committee as a whole (Section 238, below) or seeking the appointment of a strata manager to take over the roles of the committee Section 237.
If that’s what you want, then you may have to start again with another application for mediation. Or you could ask the Member at the Tribunal to exercise their discretion to apply Section 238 “on its own motion”.
I wouldn’t bet on you being successful with either motion unless you can show how the actions of the committee members have materially harmed the strata scheme and I think you have zero chance with a section 237 appointment on those grounds alone.
(1) The Tribunal may, on its own motion or on application by an interested person, make any of the following orders—
(a) an order removing a person from a strata committee,
(b) an order prohibiting a strata committee from determining a specified matter and requiring the matter to be determined by resolution of the owners corporation,
(c) an order removing one or more of the officers of an owners corporation from office and from the strata committee.
(2) Without limiting the grounds on which the Tribunal may order the removal from office of a person, the Tribunal may remove a person if it is satisfied that the person has—
(a) failed to comply with this Act or the regulations or the by-laws of the strata scheme, or
(b) failed to exercise due care and diligence, or engaged in serious misconduct, while holding the office.