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Topic
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When taking the OC to NCAT, can I put requests for order to not charge me for any solicitor fees which the OC may hire. Or any remedial works in case I win.
Can I put the name of an OC member as respondent to present himself without lawyer or strata manager, will it be allowed?
How can I request no costs order to be made against me in case I lose?
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Replies
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Section 90 of the Act (see below) says that costs ordered by the Tribunal against the Owners Corp must be paid for out of a special levy that must exclude the successful applicant.
However, the grounds on which the Tribunal will order costs are limited – it’s not just a question of who wins. Here according to LegalVision.com are the basic grounds on which costs might be awarded:- party’s conduct of the case has disadvantaged another party or unreasonably caused the case to take longer to resolve;
- party’s case was hopeless, frivolous, vexatious or misconceived;
- party has failed to cooperate with the tribunal to provide a just, quick and cheap resolution of the issues in dispute; or
- party has failed to follow the tribunals’ orders or directions.
“A finding of special circumstances generally requires some conduct that is out of the ordinary or grossly unreasonable,” says the website. “The awarding of costs is at the discretion of the tribunal. So the existence of any one of the above factors will not necessarily lead to the awarding of costs.”
As for repairs ordered by the Tribunal, you would probably have to pay your share as a member of the owners corp unless the Tribunal found grounds to order otherwise.How can I request no costs order to be made against me in case I lose?
You can’t but you can challenge a costs order if it doesn’t fulfil the criteria listed above.
If I go to NCAT against the OC and put the name of an OC member as respondent to present himself without lawyer or strata manager, will it be allowed?
If your dispute is with the owners corporation over a decision made at a properly constituted meeting of the OC or the strata committee, you can’t make it personal. However, you can object at the Tribunal to the other side having legal representation (although that probably won’t fly if you are challenging the OC or strata committee).
It sounds to me like you really need to consult an experienced strata lawyer as you clearly don’t know what you’re getting into. This might be suggested to you at your compulsory mediation session when you apply to Fair Trading.
Finally, you posted a chunk the same question in two separate threads – we call this double-dipping and it’s not allowed on this site. Your other post has been deleted and the questions combined here.
90 Contributions for legal costs awarded in proceedings between owners and owners corporation(1) This section applies to proceedings brought by one or more owners of lots against an owners corporation or by an owners corporation against one or more owners of lots (including one or more owners joined in third party proceedings).
(2) The court may order in the proceedings that any money (including costs) payable by an owners corporation under an order made in the proceedings must be paid from contributions levied only in relation to the lots and in the proportions that are specified in the order.
(3) The owners corporation must, for the purpose of paying the money ordered to be paid by it, levy contributions in accordance with the terms of the order and must pay the money out of the contributions paid in accordance with that levy.
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