Hi my solicitor who worked in the same law firm as victor dominello some years ago, has lodged a complaint with the president of NCAT regarding an adjudicator, due to an appalling and prejudicial decision he made which was overturned on appeal. His erroneous decision gave the respondents (the EC) confidence to continue acting predjucially and unlawfully towards me which has cost me thousands in legal fees. The application for costs was summarily dismissed, the tribunal member stated the respondents were entitled to rely on a flawed decision! I am appealing the costs decision with a new application to be heard by the appeal panel. I am probably on a hiding to nothing because it appears NCAT rarely award costs against the owners corporation.
A number of instances that shocked my solicitor (who had not dealt with NCAT before, though he had been warned by fellow lawyers) occurred at the appeal hearing, one was the respondents attempting to present as evidence a “without prejudice” letter from my solicitor on which he had not waived privilege, when my solicitor objected the tribunal member stated ” the normal rules of evidence do not apply at NCAT”.
The other occurrence was the respondents giving evidence from the bar table with no oaths having been taking. When my solicitor objected and stated that oaths should be taken and the verbal evidence should be given from the witness box, the tribunal member threatened to throw him out of the tribunal!, in the 30 plus years my solicitor has been practicing law he has never been threatened with ejection from any court.
Your comments are very funny and i only wish there were more newsletters, this one certainly gave me a cheery start to an overcast Sunday.