#12365
Jimmy-T
Keymaster

    Unfortunately CTTT rulings do not create a legal precedent – as anyone who has been on the wrong end of some of their bizarre u-turn decisions will attest.  This decision needs to be tested in the Supreme Court, where legal precedents can be established.  

    CTT adjudicators are supposed to use previous decisons as a guidline – but then they are supposed to be able to apply logic and commonsense too and that is all too often completely lacking.

    What we need is for someone to take up legal cudgels on behalf of this resident and not only claim for a decision but demand damages as well.  That would by-pass the CTTT (who can't award costs or damages) and propel the case to the Supreme Court where the “right” to pollute your neighbours' homes could be measured against the selfish luxury of wanting to breathe fresh air.

    Isn't there an anti-cancer, anti-smoking organsiation around to get behind this? I would have thought it was a no-brainer.

    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.