#69928
Jimmy-T
Keymaster

    There is absolutely no guaranty that NCAT will order that your costs in full or in part will be paid for by the losing side ie the OC; and

    But at leas if you win, Section 104 means you don’t have to contribute to the strata scheme’s costs and expenses accrued in defending the action.

    104   Restrictions on payment of expenses incurred in Tribunal proceedings

    (1)  An owners corporation cannot, in respect of its costs and expenses in proceedings brought by or against it for an order by the Tribunal, levy a contribution on another party who is successful in the proceedings.

    (2)  An owners corporation that is unsuccessful in proceedings brought by or against it for an order by the Tribunal cannot pay any part of its costs and expenses in the proceedings from its administrative fund or capital works fund, but may make a levy for the purpose.

    (3)  In this section, a reference to proceedings includes a reference to proceedings on appeal from the Tribunal.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.