Comments on: Better solutions for dispute resolution https://www.openforum.com.au/better-solutions-for-dispute-resolution/ Open Forum offers an independent platform for Australian debate Tue, 19 Dec 2023 21:24:05 +0000 hourly 1 https://wordpress.org/?v=4.9.25 By: dech https://www.openforum.com.au/better-solutions-for-dispute-resolution/#comment-2885 Wed, 22 Feb 2012 07:00:00 +0000 http://staging.openforum.com.au/blog/better-solutions-for-dispute-resolution/#comment-2885 Recompense for CTTT fees/expenses.

Where the CTTT rules that the complainant was unambiguously in the right and having conveyed the complaint twice to the OC then the CTTT should order that the OC pay the cost of mediation/adjudication plus say fifty dollars for reasonable expenses (including an hour for admin).  

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By: billy https://www.openforum.com.au/better-solutions-for-dispute-resolution/#comment-2852 Mon, 20 Feb 2012 23:41:00 +0000 http://staging.openforum.com.au/blog/better-solutions-for-dispute-resolution/#comment-2852 CTTT totally ineffective, and issues about legal costs

Dear Kay Ransome

My comment is "furious" which you will find below Clover Moore’s blog. Please please please, we beg you to just read or even glance into our applications for an independent managing agent, you will be shocked at what is going on in this building, it is straight out "theft" and mismanagement, not even being told of meetings, repairs being done without quotes or work orders, all approved by the one owner, and in a 3 unit block in which we are not allowed on the EC and not even informed of goings on.

You would not believe what is happening now. We went for the appeal at CTTT( this is after they declined to allow us an independent managing agent-reason given, making it obvious that not one line was read- that no one else in body corporate had made an objection or application- had he read it, it would be obvious that it is 2 against 1 , and we are the one).
We turn up, alone. They turn up with 2 lawyers at $500 each plus the owner who is doing the misappropriation. He flew in supposedly from NZ. They say they will bring 15 affidavits, and that either we accept what they say, or we must cross examine them. These are the plumber, electrician, gardener, carpenter, manager of strata etc etc. who are all making a profit at our expence, and who are dependent on work from the strata manager if they don’t comply. Now since we pay 37% as owners of Body corporate to fight our fight, and since this was once again postponed 6 weeks, we cannot afford to cross examine each of 15 tradesmen (many who have been working for unit 1 for 16 years), and pay the 37% of their and fully our costs. This is their ploy. Increase the cost, make us pay, keep postponing appeal,break us till we give up, and they continue the misappropriation of funds.
So since my husband is a busy medical practitioner, and it has affected his health badly, I begged him to drop the case, which he finally did. So now we have a bill for the 2 lawyers, the airline ticket to come to Sydney etc etc, to pay for their side, and they are laughing all the way to the bank, because they can continue to use our money for their own use. We have written proof of everything, we even have signatures from postmen who delivered notices of meetings AFTER they took place. Now my husband wants to continue the fight, it will be a great strain financially and a strain on his health, this must be stopped, the managing agents and the owners of unit 1 and 2 who are well versed at this type of activity, have been given carte blanche to continue.
Could you at least help us get an appointment with NSW minister of fair trading Hon Anthony Roberts, if you cannot help. If anyone would read our applications they would be shocked at what they find, it is totally unbelievable what is going on in this building, with electricity cupboards locked, with carpenters doing private works at BC expence, with electrician changing around unit numbers so that unit 1 number is at the top (instead of our penthouse), with our decking at back being lifted and not repaired, with trying to make us pay $16,000 to fix aircondit.unit on the roof that was non existent, with trying to fix a roof for $85,000 without putting back heat polystyrene bats and pebbles, and with another quote for $28,000 for the roof ($57,000 less), with gardeners charging $1300 a visit, when now the whole year was less since I stand and watch them, with painting that is peeling after $10,000 plus expence, and refusal to call painter back etc etc.
Please call us, we are home, as you fully appreciate the system as it stands has to be changed. AS most things it has to be approached from grass root level, this is a prime example for the basis of such changes, and we cannot do this fight alone.
Our number is with open forum.
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