Flat Chat Forum NCAT – the NSW Tribunal Current Page

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  • #38629
    AvatarZiggy
    Flatchatter

    Earlier this year, NCAT made an order to have a new lift installed in my building by a certain date. This did not happen. In other words, the order had not been complied with.

    At a recent tribunal hearing to renew proceedings, the Tribunal member made no orders against the Owners Corporation and has now allowed another 2 months for the lift to be fully completed and certified.

    That means, four months will have expired since the original order was made to have the lift fully completed.

    Why on earth do we bother with NCAT? What a useless organisation it is. In addition, the member had a very poor knowledge of how strata works.

     

    • This topic was modified 1 year, 4 months ago by .
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  • #41595
    Jimmy-TJimmy-T
    Keymaster

    Sir Humphrey’s advice above is pretty solid.

    But since you are going back to NCAT anyway, you could ask for orders under Section 90 that when the costs of legal action are paid, that you are not obliged to pay any additional levies to cover their legal costs.

    You could also ask for supplementary orders that the Owners Corp immediately raise a special levy to pay for the lift repairs.

    #41591
    Sir HumphreySir Humphrey
    Strataguru

    In the ACT, possibly similar in NSW, the next step would not be to go back to the Tribunal. Instead, you go to the Magistrates Court and apply for an Enforcement Order of the Tribunal’s order. The court is not interested to reexamine the facts of the matter; they have already been determined by the Tribunal. The magistrates court is only interested in asking a party if they have any excuse for failing to comply with the Tribunal’s order. In the absence of an excellent excuse, the Court will order the OC to comply with the Tribunal order. You, as the applicant, can ask the magistrate what the consequences would be if you get the enforcement order you are seeking and the OC again fails to comply with the orders. The magistrate will then very sternly explain to the OC’s representative(s) that failing to comply with a court order has more serious penalties than failing to comply with Tribunal orders and that they really do not want to have that sort of escalation.

    #41584
    AvatarZiggy
    Flatchatter
    Chat-starter

    And back again I go to NCAT tomorrow. Is there anything I can say, or ask, the Tribunal member concerning the validity and effectiveness of giving an order.

    As the SC continues to drag their heels in having the lift completely finished and reliable ie working without breaking down, are there any penalties, orders or sections of the SSMA that will be of use to me at the NCAT meeting?

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Flat Chat Forum NCAT – the NSW Tribunal Current Page