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[Ziggy]

Hi Jimmy

What happens when a strata committee,  representing the owners corporation, are due to present their points of defence to the applicant and NCAT by a certain date but have nothing of worth to support their claims?

Is there a way out for them ie can they withdraw their case and how is that done please?

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[Jimmy-T]

OK, this is clearly related to this thread but I’m going to allow it, because it opens up an interesting, entirely separate discussion.  What happens if you take your strata committee to Fair Trading and mediation either fails or they don’t turn up, so you then take them to NCAT and you hire lawyers (because they have threatened you that they will) but they don’t show up for that either?

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[Jimmy-T]

Ziggy wrote:

Where does that leave the poor applicant?

I would imagine that this would leave the applicant in a very strong position. I can’t imagine any NCAT Member ruling in favour of a party that doesn’t bother to turn up for the hearing.

Also,  if one party has hired a lawyer and the other party doesn’t show up the Tribunal can award costs on a number of grounds, including (according to this NCAT fact sheet):

Section 60(3) of the Act explains the types of special circumstances in which the Tribunal can
decide that someone else should pay another party’s costs. They are

a) A party has conducted their case in a way that unnecessarily disadvantages another
party
b) A party has been responsible for unreasonably making the case take longer
c) The relative strength of a party’s case or whether the case was hopeless
d) The nature and complexity of the case
e) A party’s case was frivolous, vexatious or misconceived
f) A party has not cooperated with the Tribunal in providing a just, quick and cheap
resolution of the real issues in dispute
g) A party has not followed Tribunal orders or directions
h) Any other matter the Tribunal thinks is relevant.

However, costs can only be awarded if you have incurred professional fees and are being represented by a lawyer (or similar).  If you are representing yourself, costs may not be awarded.

If costs are awarded against the owners corp, they have to raise a special levy from which the opposing owner must be excluded.

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