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It’s looking likely I’m taking my Body Corporate for the long walk to the Principal’s office for some overdue, and in my eyes, likely discipline. I see I’ve got to pay the Qld office $86 for the privilege which I’m prepared to do. I do think that if the Body Corp did their job to begin with I wouldn’t need to waste my time or my money pursuing this. I’m therefor interested in any thoughts on how I can get them to reimburse my fee – I assume it’s intended this to be my cost to bear but feel if I’m proven correct then I shouldn’t have to, so intend to go them for such via direct request, and if then, required action. Keen on your thoughts.
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The only people who can answer that authoritatively are the bods in the Qld Body Corporate and Community Management Commissioner’s office. You can call them on this free number: 1800 060 119.
That said, I don’t fancy your chances. In my original response, I oerroneously said most states expect the litigants in a strata dispute to pay their own costs, win or lose, unless there’s clear evidence that the plaintiff is a “nuisance litigator”, i.e. taking actions just because they can, with little or no hope of success.
It now seems from other replies that I was completely off the mark in this, except maybe with regard to NCAT and NSW.
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It might vary around Australia but in my personal experience with VCAT:
1. I’ve been awarded my application fee when I have won my case against an Owners Corporation.
2. OCs that I chair have been awarded both their application fee and their representation costs when they have won their case.
OCs, being an entity, need representation at VCAT. It can seen in VCAT published cases that most OCs choose to get professional representation.
Awarding application and representation costs seems to be up to VCAT’s discretion.
It certainly does vary and you wouldn’t get that level of generosity in NSW. But then NCAT can’t even enforce their own orders with fines, so it’s no surprise, really.
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