Good day larchibold,
I am truly sorry for the saga that envelopes you.
Three things come to my mind:
- Jimmy is spot on when he mentions this forum is not a source of legal advice. It is a collection of views from strata property owners and residents, made in good faith but not by qualified strata practitioners;
- Jimmy is 100% correct in stating your need for a lawyer experienced in strata matters. I can tell you that wise advice. Many years ago I engaged what I call a “general purpose” solicitor with zilch specialisation in strata matters – someone I have used for many years for other transactions – and the other side’s solicitor rode rings around him. He was uninformed about strata law and in the fullness of time that absence of experience in that field was clear to all;
- An appeal is good advice. Given the long standing nature of your matter, the case should be run by a lawyer; and
- If as you claim the OC/BC is planning to take you to court for the costs they incurred when winning the case, at first blush it seems to me that they do not have an experienced strata lawyer working for them either because under the Strata Act – section 104 – they can ask NCAT for the costs to be paid by you. There is no need for them to go to the expense and effort of seeking the costs in a court. In fact I don’t know if a court can even rule on a NCAT matter that was not put to NCAT.