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.