#24512
Pamster
Flatchatter

    I have been dealing with NCAT for the past year and have come to the conclusion that it operates in a parallel universe to every other legal jurisdiction.
    I have had a few decisions in my favour but yesterday one was dismissed. The adjudicator agreed with everything I submitted but in the end dismissed the application because she said I had not “included a copy of the proposed By-law I wished to have adopted”.
    I had submitted the Proposed By-law (that she claimed was missing) one day prior to the closing date of 17 December. The Registry told me they had a record of me having gone to the counter in Castlereagh St to deliver it. The clerk could even recite to me the whole content of the document, including the proposed By-law!

    Why the Adjudicator never got to see it is anyone’s guess, maybe it fell into the “Black Hole” that exists in that particular parallel universe! Looks like another appeal and another $81.00 has to be paid by me to get the result that should have gone my way in the first place, apparently they won’t waive the fee for the appeal even though the error was NCAT’s.

    As a follow up, my solicitor wrote to the Adjudicator advising her that the “missing” documents were in the file, and he requested that she vary her decision. Her response was that I did not submit the by law “in time” so could not vary her decision, she stated the By-law was submitted on the 18th December, when her very own registry stated they have a record of me delivering it on the 17th!
    It appears in this particular jurisdiction, whether you are an Applicant or Respondent, if your case is against the Owner’s Corporation, every obstacle possible will be placed in your way to deny you having an order granted in your favour.
    So………here I go again…………… back to the Tribunal to appeal, this three ringed circus that is NCAT is absolutely ridiculous!