#18114
Jimmy-T
Keymaster

    I think we’re on the same page here and that’s why I suggested an assessment be done and then work begun as quickly as possible. In Victoria, that assessment would include establishing where liability lay before work was done that might obscure where the original problem existed.
    Also getting back to the original question, compensation for the loss of amenity, in NSW that would probably have to be pursued at the Supreme Court on the grounds that the CTTT doesn’t appear to have the capacity to award damages of this kind.
    That’s a lot more expensive a proposition than a CTTT case and you would have to be sure that you would win damages and costs to cover the cost of the case (you never get all the costs back, even if all costs are awarded).
    However, there is another option worth exploring, under section 146, you can ask the CTTT to impose an order instructing a “person” to make an insurance claim. That person in this case would be the EC. This would at least get you into the mediation phase where all the issues could be thrashed out.
    The fact of the matter is that even if you took this to the Supreme Court, the Owner’s Corp’s insurers would become involved. This approach might short-cut that process, bring the insurers in earlier and they might make the decision that it was cheaper and easier to pay up.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.