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Hi Tess,
Thanks for your post. I have taken a while to reply as this whole experience had been so dispiriting.
After thanking the SC for their response, I informed them I disagreed with their reasoning and would proceed to mediation.
Well then the legal guy (LG) on the SC started in. I think his initial intention was to overwhelm me by his ‘legalese’ ( although couched in terms of wanting to better understand the situation). LG has been cherrypicking and twisting words, and asking inane ‘ lawyerly’ questions that are very time consuming to answer. The subtext seems obvious…
LG even used my single use of the word ‘agreed’ to suggest that I was responsible for the consequences of the balustrade needing remediation. ( The ‘ agreement’ was in relation to work already done and for which I was informed there was no alternative.)
Anyway, if anyone has any relevant cases or other suggestions of where to look, that would be great. I’ve looked through all the Strata cases on the NCAT site. I can’t find the tile cases there, although I have found some references to them in some discussion threads.
Any input would be appreciated.