#27308

@JimmyT said:

Regarding the possibility of NCAT ruling a claim as vexatious, it still requires engagement and a response of some kind, including appearing at the Tribunal (you could respond in writing, but that is risky).

A cleaner but harder to achieve outcome would be to get the owner declared a vexatious litigant by a higher court  

Agree. It is safer to have a representative attend in person. That way you can argue your point and explain things that are unclear in a written response. It is just a time consuming exercise but better be safe than to take the risk.

The other part that I am thinking of persuing is to have our EC representative bring it up to the judge at the tribunal about the number of vexatious cases. I’m guessing that  NCAT treats each case seperately with no reference back to previous cases that was raised with them from the same strata plan unless you explicitly point it out to them. This will hopefully raise some relevant alarm bells with them.