› Flat Chat Strata Forum › Pets: Furry friends … or fiends? › Does size matter › Current Page
I don’t have any experience of NCAT and perhaps it is a lottery but I have been impressed by the ACAT. I have been there 7 times now about various OC matters. Each time we have had a very reasonable result but it did take work to present a good case. The Tribunal members can only work with what you give them.
I am not advocating a blatant disregard for the OC rules but I do suggest working out where you are at with the developer vs. the nascent OC, whose rule it is, whether it is registered and enforceable.
While Whale suggests the NCAT would be likely to find a blanket size-limit to be reasonable and therefore consistent with the Act, the case I cited had an Irish Wolfhound approved for apartment residence after refusal was found to be unreasonable. The OC’s case seemed ill-prepared whereas the dog owner had reputable sources, the dog’s vet and trainer all providing expert evidence that this dog would be fine. Expert testimony carried the day.