Is there a case where the Tribunal has dismissed a matter because there was no resolution first passed?
I seem to recall a couple. I also recall a case where tenants successfully defended failure to comply with a Notice To Comply on the grounds that they were not aware that there was a by-law that they were breaching, even though the by-law was detailed on the NTC, as the Tribunal requires.
As you say, it’s all down to the whims and knowledge (or lack thereof) of the Tribunal Member.