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@PatriciaSC said:
Hi everyone. I had a good outcome at NCAT on 13 March in a similar matter.I searched thoroughly and found out that there was a precedent where, at a hearing for a penalty for non-compliance with an adjudicator’s orders, a tribunal member had instead made an alternative order under s187 and made an order under s138.
So at my “application for a penalty” hearing, I asked for the same ruling, i.e. and alternative ruling under s138, By-Laws.
The ruling I asked for was from a precedent, and was that “the respondent is to cover all floor areas with the exception of wet areas with carpet and underlay if sufficient quality to ensure no transmission of noise from that lot to the lot below (etc) within 60 days.” And I am happy to say that was the order the Tribunal member made in my case. So I am very happy about that.
The problem of people ripping out quiet carpet and installing floating timber floors with inadequate underlay is a big problem.
If you need any links to what I found please let me know.
All the best with your plight Drshelly and AndyJ
Patricia
Hi Patricia,
Could you please post the links to the web sites and cases that you used to prepare your case. I would like to seek similar orders as the carpet and underlay the owner has installed upstairs is not suppressing the transmission of noise. Last night and this morning (as is usual most days) all I could hear were thumps and bangs
Cheers
AndyJ