@drshelley said:
This is getting scary – I was under the impression that we could appeal if we do not get a favourable result from our adjudication submission (which closes in one week) and also to be heard at Hurstville.
Let’s be clear n this – you are saying it’s an adjudication which CAN be appealed (by a new application for a hearing).
However, the member’s decision at the subsequent hearing can’t be appealed at the CTTT (only at the District or Supreme Court level).
This is what the CTTT website says (click HERE to read the full page):
Appealing Strata and Community Schemes decisions
The appeal process in strata and community schemes matters differs depending on whether it is an appeal against an Adjudicator’s decision, or an appeal against a Tribunal Member’s decision.
Adjudicator’s decision
If you want to appeal an Adjudicator’s decision you can lodge a fresh application to the CTTT appealing the decision within 21 days of the order coming into effect.
The matter will be listed for hearing and the Tribunal Member may affirm, revoke or make a substitute order. The Tribunal Member may dismiss the application if they believe the matter was appropriately dealt with by the Adjudicator.
When making an appeal application against an Adjudicator’s decision, you may also request a stay order to stop the Adjudicator’s orders coming into effect until after the appeal application has been determined.
Tribunal Member’s decision
If you want to appeal a Tribunal Member’s decision made following the hearing of a strata and community schemes matter, you will need to appeal against the decision to the District Court of NSW.
drshelley continues
Our upstairs timber floor loving modern family have just had an acoustic test done a couple of days ago which (according to the consultant) may meet the BCA – but that doesn’t stop the dreaded noise of this family – there is no mention of the bca in the by-laws.
The BCA is the biggest smokescreen in these issues and it is frequently dismissed by savvy Tribunal members and adjudicators. The by-law is all about noise and disturbance. If you can prove your peaceful enjoyment of your lot is being unreasonably disturbed by the noise from upstairs, then the BCA is irrelevant.
What the BCA doesn’t relate to is the actual activity on the floor. The BCA is a notional benmchmark which takes no account of usage. Would an owner holding Flamenco dancing classes be protected by saying the floor met BCA standards?
If you go to a hearing to appeal the adjudication, try to have any evidence about the BCA dismissed as it is not relevant to the case which should only be about whether or not this specific by-law been breached.