What is the situation if the positions are reversed. i.e. an owner takes NCAT action against the OC.
Basically the same. The relevant section of the Act says it pertains to actions taken by and gaints the owners or strata scheme.
Does there have to be a special levy (from which the initiating owner is excused) raised to cover all of the costs, including any lot, as well as common property engineering inspections & physical repairs, as well as all lawyers fees incurred from the start of the complaint / failure of mediation?
The Act says the strata scheme “cannot pay any part of its costs and expenses in the proceedings from its administrative fund or capital works fund …” but can raise a special levt from which the prevailing owner must be excluded.
I’m not a lawyer but I would say that means any expenses incurred specifically in the pursuit of this case and used during the proceedings. Others may disagree, but I think the meter starts running on this when the strata committee or owners corp decides to proceed with or defend an action at the Tribunal.
It would not (IMHO) think anything and everything related to the dispute could be counted, including surveys and inspections before the case commences, and repairs made after it had been concluded.