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We consulted a lawyer who said we had a good case and that the problem would be fixed. Unfortunately he has said it might cost up to $30,000. Is this about what it costs in others experience.
I recall being quoted $10-15,000 about 6 years ago. We ended up representing ourselves and were successful.
If your application is successful, you can ask NCAT to award costs to you. That should be part of your application. This is not guaranteed to happen. I don’t know what happens if the other side agree to fix the mould after you hired the lawyer.
You need to establish that Section 106 of SSMA 2015 has been breached. You need to prove the waterproofing problems are causing the mould in your lot. Your engineer’s report is needed. You need to show that you requested the repair and that the owners corporation declined your request.
As everyone else said, “it costs too much to fix” is not a valid reason for ignoring the problem. It could cost more money for the owners corporation if there is an order to pay your legal costs.
If you decide to pursue this yourself, you could ask the strata lawyer what other kinds of info they would gather when they put your case together. Then you could seek that information yourself.
At my Directions hearing, I was told to write a response in a document. There should be a table of contents, page numbers and an index. I think the index was overkill.