Hi Jimmy.
I wrote a few weeks ago when Hurstville CTTT ordered us to get an expert accoustic test done on our neighbours place which has tiled floors and no insulation. We just had our hearing yesterday.
We presented the accoustic report which cost us $2000. The report recommended that they either re-do the tiling with proper insulation or put down carpet with underlay as the floor failed the AAAC standards by a country mile although when tested with the rugs it just complied with the BCA’s minimum standard – widely accepted as insufficient.
We also played the videos we recorded of things smashing on the floor, toys rolling up and down and running which demonstrates clearly extreme levels of disturbance. We also presented stat decs of people who had been in the house at the time and experienced the noise as well as an extensive noise diary compiled over months consistently.
We spoke to a lawyer from Makeson d’Apice (a family friend) who said that our case was very good and said that we should have no problem running ourselves.
Due to the financial costs of engaging a lawyer and the advice we received we presented our case ourselves. We left feeling very positive as the other side hardly produced anything except a receipt for a hall runner and a rug they had bought.
We were gobsmacked today to get the decision from [name withheld] in their favour. His decision says that since with the rugs it meets the BCA standard then he accepts that.
This is a gross injustice. What would you do from here? We did not want to engage a sound expert but complied.
He was most uninterested and ignored all our other evidence. He was also extremely rude.
Myself and my partner feel completely at the mercy of the bloody morons we have above who are now aided by an old geriatric CTTT moron. I want to fight this but expect it will be too expensive to do so which means probably we will have to sell our place.
I expect the hall runner and carpet will be removed when I get home today.
Unbeliveably angry, upset and totally disappointed.
Any advice welcome.