The orders to change the floor so that it was not “disturbing the peaceful enjoyment of a lot” (my lot), were pretty much ignored: the respondents put down a few mats in their apartment above mine.
I went back to the CTTT for a penalty application.
BUT I found a precedent on the Austlii website where a tribunal member ruled that an alternative to the original decision was appropriate under another section of the regulations.
AND as luck would have it, the tribunal member I was getting at the penalty hearing was the same person as had ruled the alternative in that precedent.
Wooppee. So I applied for an alternative ruling that the owners above had to install carpet with underlay, as in the precedent.
And in the time ruled by the tribunal, the carpet was laid and all is quiet…
It took 12 months of persistence and research, but it was worth it.
