#30782
Jimmy-T
Keymaster

    You could try to have all costs for future matters allocated to the “serial litigant” on any of the following grounds, from the NCAT website:

    a) A party has conducted their case in a way that unnecessarily disadvantages another party
    b) A party has been responsible for unreasonably making the case take longer
    c) The relative strength of a party’s case or whether the case was hopeless
    d) The nature and complexity of the case
    e) A party’s case was frivolous, vexatious or misconceived
    f) A party has not cooperated with the Tribunal in providing a just, quick and cheap resolution of the real issues in dispute
    g) A party has not followed Tribunal orders or directions
    h) Any other matter the Tribunal thinks is relevant.

    However, I wonder if you might be better in future applying to NCAT that each party represent themselves as, by employing highly paid lawyers, the litigant is putting the OC at a disadvantage.  

    In fact, parties in a dispute at NCAT are supposed to seek leave to have representation which may be allowed under these conditions. That clearly allows the Member to say “no lawyers” – that might even up the playing field a little.

    Or, you might warn the owner that you are sick of their bullying and the next time you will seek to have them declared a “vexatious litigant”  under these conditions in the Supreme Court.  It’s a long shot but it might give them pause when they consider what such an action – successful or not – might do to their reputation among their peers.

    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.