Reply To: Schemes must raise losing case expenses by special levy

update

I took the OC to mediation recently so as to have them raise a special levy for their costs in defending the OC at NCAT earlier this year and losing. There is only one item involved: the managing agent’s fee for appearing.

At mediation the OC argued that the Order handed down at NCAT (which was in my favour) only covered 3 of 12 issues I raised at the hearing and hence I should pay circa 75% of what other lots have to pay via a special levy. (The fact is that the Member at NCAT asked me, the applicant,  to greatly trim down my points so he can make a decision).

The mediator did not voice an opinion at the OC’s interpretation of s. 104, but said that I can go to NCAT if I think that my understanding of s. 104 is correct.

Today the managing agent sent a notice for a general meeting where he listed a motion for everyone to be debited a special levy with me being debited slightly less than the others. As mentioned, I think I should not be debited a brass razoo because as I see it, the Order is a stand alone document, where all three orders are in my favour. The fact that no view was rendered by NCAT on the other issues I included in my application does not mean NCAT found against me on those issues.

My question: is my interpretation correct? If so, given mediation failed and a general meeting will rubber stamp the OC’s decision on the agent’s fee, do I have a better than even chance of victory at NCAT?

I am all ears.