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OC does not comply with the Act. Majority of owners support the SC. Multiple issues of non-compliance including no SC Meetings (limited communication to owners and no Minutes), no Breach of By-Law Notices issued, major repairs not actioned, etc
All issues extensively documented for NCAT Hearing plus request and details for a Compulsory Strata Manager.
NCAT decision supported OC which potentially sets a precedent for all Strata Schemes in NSW.
Notice of Appeal lodged. Callover held. OC has engaged lawyers.
1.How do I prove “not fair and equitable”, “against the weight of evidence”, ” a miscarriage of justice” without “rehashing” (wording of Member)?
2.How do I avoid Costs being claimed against me by OC?
3. What points of Law should I be aware of. I’m just using the Act.
Can anyone help.
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You must first off calculate the cost of the lawyer versus your expected gain in dollars. Even if you lose the case, you are still up for the lawyer’s fee and if you win the case, you may still be out of pocket.
That’s exactly the point the judge in this WA case was making, when he called taking legal action a “folly”
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Thanks for pointing me in the direction of the WA case. It makes for interesting reading.
I think the steps involved and cost of any legal action one takes when seeking redress, needs major reform. As it stands in many cases, an injured party in addition to suffering from noise, nuisances and other inconveniences foisted upon it by a vendor or neighbour, is financially worse off if they take action.
The cost and means of seeking redress need major overhauling.