Over the last 8 years, our large scheme in NSW has had 7 or 8 flooring/noise issues that have gone to Mediation/NCAT – with mostly good outcomes for all parties. But the means of getting a resolution has been different each time.
On one occasion (which seems similar to yours), the tribunal member turned around a ‘flooring issue’ into a ‘noise’ issue’! by tasking all parties to conduct a simple noise test ourselves -that is, dropping car keys and moving chairs around. Whilst it took some time to get both parties and witnesses together, the result was instant and amazing! The offending floor installer got the shock of his life by the “noise” coming from his apartment and he instantly agreed to remove the hard flooring entirely.
Such a test may not be possible or helpful in your case, but it would certainly show to NCAT that you have made every attempt to resolve the issue and could be part of any ‘negotiation’.
You may also want to consider whether using the ‘noise’ by-law instead of the ‘flooring’ bylaw is a better way to go. Just don’t put them together in one case!
My experience has been that relying on the strict wording of any by-law is fraught.