› Flat Chat Strata Forum › Hard floors and tough decisions › Floating timber flooring and unsympathetic Owner and tenants › Current Page
Hi All,
I am a bit surprised but the Owner of the upstairs unit has managed to get his appeal against the orders of the adjudicator to fix his incessantly noisy floor reheard.
As I mentioned a few months ago he appealed, We appeared at the hearing, he didn’t and the appeal was dismissed. He was supposed to appear by telephone. A few weeks after the appeal was dismissed I booked a long overseas holiday to relax after this harrowing saga. Just before I left lodged an application for penalties for non compliance.
While I was overseas I got an email from my neighbor saying she had received a notice from the CTTT regarding the penalties application as she had on all previous correspondence from the CTTT regarding application’s regarding the floor issue. She had previously put in submissions supporting my application to have the owner fix his timber floor installation.
Unknown to us all was that the owner of the offending unit had written to the CTTT saying that because he was to appear by phone he was expecting the CTTT to call him. The CTTT responded that because he was overseas he was it was his duty to call. He then argued that he was not told this and given contact details. The CTTT invited him to ask for a rehearing that was approved and scheduled for 3 weeks later. He was asked to provide the Tribunal and myself with documentation to support his case by 24 April.
I didn’t receive any of this documentation of notice of this hearing as I was overseas. Neither did any of the other parties that got my application for adjudicators orders, the subsequent appeal that was dismissed and my application for penalties. The offending owner did not send me any documentation to support his new appeal either, which would have caused me to enquire what was happening.
The CTT held the appeal directions hearing on 1 May in my absence and was adjourned.
The appellant (noisy floorboards) has been ordered to supply evidence for grounds of appeal by 3 June (extensions allowed) to CTTT and myself
I need to supply paperwork including witness statements by 3 July supporting my penalties application
He gets to respond to my statements by 17 July and the hearing is on 26 July. I also have to provide him access for expert reports with 48 hrs. notice, but he doesn’t need to allow me the same access.
Suffice to say I am a bit peeved by all of this and the CTTT seems soft on applications that are logged out of time or stalling because someone is overseas
andyj