› Flat Chat Strata Forum › NCAT – the NSW Tribunal › Would NCAT overturn a majority vote for a special levy? › Current Page
Based on my experience at the ACT Tribunal, I would not be surprised if the Tribunal had a preliminary conference at which it attempted to help the parties reach an agreement, which could then be given as ‘consent orders’. Otherwise, if the dissenters insisted on a hearing, I think the Tribunal might allow that but would be reluctant to overturn a decision that was validly made, was reasonable and supported by a majority.
Essentially the Tribunal would overturn a decision and substitute its own decision only if it were convinced that it was unreasonable for the resolution to have passed. On the face of it, it sounds like a well-reasoned decision was made (i.e. not unreasonable) to prioritise works, raise a special levy for the most urgent and to have a plan for funding and completion of the less urgent over several years. Even if some would have preferred a different schedule for the works, it does not sound like the resolution was ‘unreasonable’ so the Tribunal would not overturn it.