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  • #71161
    Jimmy-T
    Keymaster

      I am due to be on ABC radio in Canberra tomorrow morning talking about smoke drift from unit balconies.  Does anyone know if any resident in the ACT has taken a case to the Tribunal? If so, how did they go?

      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.
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    • #71163
      Sir Humphrey
      Strataguru

        I am not aware of any Tribunal decisions on smoke drift. I just did a search with just ‘smoke’ as the search term and only found two decisions that were to do with damage to property by smoking tenants.

        #71205
        Jimmy-T
        Keymaster
        Chat-starter

          Thanks. I came up dry too.

          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.
          #71586
          Pittcarts
          Flatchatter

            I am sorry for the delay in responding, and have missed your deadline. However, there are now two cases in NSW that have been decided by NCAT over the last 12 months that limit cigarette smoke drift on Multi Housing Balconies:

            They are:

            Pittman v Newport [2022] NSWCATCD

            And

            https://acsl.net.au/wp-content/uploads/2023/08/Shaw-v-Euen-2023-NSWCATCD-68-29-June-2023-.pdf

            Again, sorry for the delay.

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