[Sage-grouse]

The tree doesn’t really interfere with the drainage as it is a storm water drain, which is underground and also deep.
It falls under Council but the Council says it’s my responsibility if I want to get rid of it.

[Sage-grouse]

Sorry for the typo @ Jimmy-T. I meant common property or my lot.

[Sage-grouse]

Update: OP turned up with a lawyer during the directions hearing. I objected on the basis of factual nature of the case and added complexities plus costs because of the legal representation. The senior member coincided with my reasoning and asked if the matter can be settled today. I was not prepared for this but gave verbal evidence (had substantiative evidence to back my claim as well) but was not hoping I would be asked to represent in directions hearing. I was very reasonable in my demands.  Respondents had no leg to stand on and could only come up with safety and security issues. I wanted to respond to this but the member threw this claim out the window and said plaintiff is asking for reasonable able adjustments not removal. Got the orders in my favour.

[Sage-grouse]

Thanks @Tina. I assume that charge from your former strata was distributed to all owners. Not only to you.

[Sage-grouse]

Awsome response. Thanks Jimmy-T and StuMcl.

[Sage-grouse]

Just for clarity: if OP is represented by strata manager and I lose, the strata still need cost orders to bill me?

[Sage-grouse]

Update: @smokeye & @JimmyT, Took the matter to NCAT. OC is now threatening with legal costs and strata administration costs. I anticipated this earlier based on their behaviour so not surprised.
As I know legal fees can’t be charged without orders from ncat and grounds for legal representation can be argued as well.  Would like your valuable thoughts on the grounds for strata charging me individually for admin costs or possible representation? Again my understanding is they can charge through ncat and that would be to all owners not only me?

[Sage-grouse]

Thanks Smokeye. Yeah it’s a longshot but the repercussions are I have to live with this for unforeseeable future which I am not willing to so worth a fight. I have a few angles which I am looking at as the tribunal will decide based on evidence.

[Sage-grouse]

Smokeye & Jimmy-T, the fight continues. As you predicted they have declined the mediation. Will keep you posted.

[Sage-grouse]

Yeah tried all these. The fix is simple and wouldn’t cost really a dime but the OC is hostile. Actually they know they have messed up and don’t want to acknowledge the mistake now. Hence thinking about NCAT.

 

[Sage-grouse]

Player 1 wrote:

To clarify, are we dealing with lighing at the Strata Plan you are at? Or a neighbouring Strata Plan or Torrens Title? And are the lights in question the usual strata poly-sphere lights or directional spot lights.

Strata plan I am at. These are flood lights pointing at an awkward angle.

 

[Sage-grouse]

Thank you.

[Author]

Replies