It would be interesting to hear how it was communicated to owners that if they didn’t join the tribunal action would be liable for legal costs. I’m assuming that if the tribunal action was unsuccessful then those who launched it would have been liable for the legal costs.
They would only have been liable for their share of the costs of the OC defending itself. They would still ahve to pay their share of their lawyers. However, by joining the “antis” they were spared having to share the costs of defending the action.
Tribunal cases are usually done on the basis of both sides paying their own costs – costs are only rarely awarded and then in very spesicific circumstance.
However, owners who go up against their strata scheme and win are spared having to pay for a share of the OC’s expenses, including the OC’s legal fees which have to be paid for by raising a special levy that excludes them.
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.
- This reply was modified 8 months, 1 week ago by .