Re: How do I write an NCAT application?

Thanks Sir Humphrey and Jimmy for your advice and comments.

I have consulted a lawyer who after viewing the evidence said he thought I was well prepared but I have noted your advice re the consultants Jimmy.  I attended a day of hearings at NCAT to get a feel for it, I’ve read the sections of the act and I have a lever arch folder full of factual evidence.  My only concern is with correct presentation of the orders and evidence. The issues are many and long-winded but I believe they are straightforward and that I am not being unreasonable.

Is there anything I should put in my application to the effect that if I am not seeking legal representation that the OC can’t either?

I have an engineers remedial report from well known engineers to support the order re the leaking roof.  I have it in writing from the OC’s engineer that the membrane should have been replaced in the early 1990s although he hasn’t investigated the leaks as the caretaker told him the roof wasn’t currently leaking and he didn’t consider it necessary to look into it until it leaks again (Rosenthal judgement would suggest otherwise).  To the best of our knowledge the caretaker has no qualifications and we did not grant him access to the unit for any inspection.

Here’s more of what I’m dealing with and seeking orders on.

Repeal of a harsh and unreasonable by-lay that gives a maximum of five months for a renovation and imposes a $5000 per week penalty if exceeded.  Should the order only request repeal of that one clause?

Unreasonable refusal of a renovation by-law which seeks approvals already granted to our neighbour e.g. air conditioner on the roof and a concrete beam on the roof to facilitate removal of a supporting column (enshrined in a by-law).  The OC first wanted us to pay for half the cost of remediating the roof (the beam only takes up 10 sqm and the poor condition of the roof is not our fault), then they wanted us to pay for the common property we would have exclusive use of (we agreed to pay the same rate as others in the building with exclusive use of common property e.g. common foyer where two units have combined – which is habitable space – none have been charged), now saying removing the column will affect the structural integrity of the building (our engineers say not and the beam over the neighbouring unit has not caused any problems) etc etc.

Damages – we reported concrete spalling (in three bedrooms, all living rooms, dining room and study) in October 2016 and it took until February 2018 to commence the work and until end of July 2018 to complete.  The unit purchased in October 2016 has now been sitting empty for nearly two years.  Due to two years of spiteful and vindictive opposition we have thrown in the towel and purchased elsewhere but have been unable to rent it because it has been a construction site since the carpets were removed (by the OC) a year ago.  The OC argues that they didn’t attend to the spalling because we should have initially removed the carpets due to the fact we were going to renovate.  But they refused the renovation by-law!  The unit currently has bare concrete floors with the OC ignoring all communications regarding replacement of the carpet. Any advice on how to calculate damages or present a case for damages eg loss of rent?  I also intend to claim the cost of the two engineers reports I had to commission as the OC was doing nothing to address the issues.  We were fortunately able to live in our weekender out of town and had to pay to stay in hotels when coming to Sydney for social engagements, doctor, dentist, hairdresser etc.

Any further advice would be greatly appreciated and will also help others who might become entangled in similar situations.