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I have an NCAT application with the Tribunal NSW to refuse payback money to OC due to intercom replacement and committee failure to conduct there duties appropriately and strata management too.
Question is I have no idea how to do the documents “points of claim “.
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I’m not 100 per cent sure what you are trying to do here but it sounds like you want the Tribunal to order the strata scheme not to charge you for repairs on your intercom. I’m looking at the standard Strata application form and the phrase “points of claim” are not on it.
Are you applying online? If so, can you send a screenshot of where the form asks for “points of claim”.
For what it’s worth, I think the section of the Act that you need to apply through is 232 for a resolution of a dispute. But I’m wondering if the cost of the application and all the stress isn’t more than the cost of the repair.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
I’m at NCAT now, so I can answer.
This comes from the directions hearing. It’s one of the orders made by the member asking both parties to put in their case in a written form.
The points of claim is what relief you are seeking, and what part of the act supports your argument. ( It in ludes any by laws ) As in all courts, it’s up to the applicants and respondents to direct the adjudicator to what laws apply. Remember they only hear the evidence and arguments. Then apply the law that the applicants or respondents think applies .
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