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TruleConcerned
The purpose of mediation is to find a resolution to a strata issue. It’s not to find whether one party is guilty. The mediator may offer advice in order to get the parties to reach an agreement, but his words can never be construed to favour one party over another.
Your victory at mediation was to get a written undertaking from the OC to repair the gate. Nothing else.
Thst the OC did not do the work as per the agreement is a breach unto itself. When you go to NCAT you will not be arguing whether the OC is responsible to fix the gate, but that the OC breached the signed agreement.
A whole different case and in my opinion a whole lot easier for you to win as it’s a matter to just prove the facts.