Re: Vexatious applications to OFT and CTTT

@JimmyT said:
This is one of the sticks I frequently use to beat the CTTT. According to their own website:

“The CTTT may order costs to be paid in certain circumstances, such as if the application is considered frivolous, vexatious, misconceived or lacking in substance, or the parties are legally represented.

View clause 20 of the Consumer, Trader and Tenancy Tribunal Regulation 2009 for the full range of circumstances where costs may be awarded.

Yet, we know from experience that they almost never use this power.  We can only hope that in the current review of strata law and practice, CTTT adjudicators are either encouraged to use this option or, when the CTTT is absorbed into the new “Super Tribunal” as is planned, they acquire a share of the collective backbone that has been so noticeably lacking when it comes to dealing with hobby litigants.

One thing that does occur to me is that you could think about collectively suing this irritating neighbour for damages for negatively affecting the values of your home and wasting Owners Corp time and money on spurious, vexatious and mischievous claims. 

Now, I hasten to add that I don’t know if that would even fly as a legal action but I do know you can take strata cases to the Supreme Court on the basis that you are seeking damages and the CTTT can’t award them. I know it’s counter-intuitive when your complaint is about already having too many legal bills but the prospect of paying serious money might persuade your neighbour to take up another hobby.

Hi Jimmy, thanks for taking the time to respond to my question. As mentioned, we are in a desperate situation and I have come to this forum to reach out for help and advice, not to whinge as others might suggest. 

In our last foray into the CTTT, this neighbour managed to drag out his appeal against the Adjudicator’s decision for 6 months without ever having to explain the legal basis for his appeal. His application form simply said “Appeal all grounds” – no evidence, no argument, no explanation. He finally withdrew his appeal after he was directed to provide his legal grounds for his appeal by a certain date. Our lawyer pressed very hard for costs to be awarded on that occasion, but we were unable to get a cent. Our experience with this individual in the CTTT is that he was able to get a long way and cause a lot of disruption and expense based on little or no evidence.

Sadly, I don’t think the prospect of large legal fees will deter this person – and this is where the mental health issue comes into play. As a result of our recent case in the local courts in which the Owners Corporation was successful, this owner is facing the prospect of a very large costs decision being made against him in the next few weeks.

Even with this hanging over his head, he is continuing to threaten us about what legal action he will initiate next. A rational person would be worried about being in his shoes and would realise when it is time to back off – this person however has no self awareness and no perspective on the situation, and that is one of the reasons he is so persistent and his actions are so damaging. He has complete confidence in himself at all times and, even when he has lost, refuses to accept the decision or the consequences and just moves on to the next avenue of attack.

We would be extremely reluctant to initiate legal action against this neighbour, firstly because it would only encourage him and make him feel important, secondly because of the huge costs involved in going to the Supreme Court, and thirdly because as you say, we are trying to prevent further legal action, minimise stress to owners and just get on with the business of looking after our block.

Our committee is comprised of hard-working dedicated people. There are no proxies involved, we all show up, work hard and do our best to involve the other owners as much as possible. I estimate in the last 4 years I have spend 10-20 hours per week on strata committee duties  – not only to carry out my role as secretary, but mainly in dealing with the various court  cases, CTTT hearings, and briefing lawyers, or doing legwork for the lawyers to try to keep our costs down. 

We are always worried about having to keep enough money aside for the burgeoning legal fees, and that financial consideration unfortunately impacts every other decision about maintaining the property. We all have better things to do than lie awake at night worrying about being sued. 

Again, thanks for your help Jimmy.