• Creator
    Topic
  • #7941

    The question is Can an estate agent or tenant force a case in the CTTT that will use the outcomes of pending cases in criminal court. Cases which have not been seen or ruled on?

Viewing 4 replies - 1 through 4 (of 4 total)
  • Author
    Replies
  • #14839
    Jimmy-T
    Keymaster

      The simple answer is no – becasue you can't asume that result will go one way or the other.  But the CTTT can be a strange and irrational beast and the Member or Adjudicator might feel that the fact that there a re cases pending is an indication of a real problem.  It's not legal, it's not logical but it is possible.

      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.
      #14845

      Thank you JimmyT. I was worried that would be the case but had an idea it would be so.

      #14920
      allfields1
      Flatchatter

        Unfortunately the CTTT can do what they want , i have personal experience at this – 

        a few years ago i had a landlord that thought he could do what ever he liked and we had no say in it , cut a long story short , we took him to the CTTT to enforce our rights as tenants , ie leave us alone to live in peace 

        i had video recording of what he was doing and what he was saying , i could not use these as evidence , however he told the sitting member that i stole a vehicle – i asked for proof and to please have the police present to arrest me , the member then turned to my ex landlord and stated that he should have made a counter application to have us removed as PESTS as it would have been easier for the member to rule on that , WTF!!! i had a go at him and it didnt turn out so well lol , 

        my point being that the sitting member did 2 very illegal and very discriminatory actions – which i got reversed on appeal ( very hard to get an appeal but the guys in Tamworth took one look and approved my appeal ( the wording was ” it appears the decision made was unfair and not legal” not exact wording but same meaning ) 

        the first thing he did wrong was to tell the landlord how to evict us and the second was for taking into account a criminal action that had no basis nor facts around it , like i said i encouraged them to call the police and they refused – who in their right mind would refuse that lol

        My Ex landlord made up the car story and was believed without any proof offered !

        the member actually stated to me “why would my landlord lie” ( that is word for word ) – now how can any professional ask that question , im not qualified to answer that !

         

        The sitting member displayed extreme bias for the landlord ( cant prove it but to this day i think they were friends ) 

        #14926

        It has been as intense as that and very similar here. The main difference is that the sitting member had a very balanced approach and has adjourned the case. That is a big deal in itself because it was an emergency hearing where they asked to have me removed immediately.

        I believe the member saw an attempt to buffalo the tribunal into making hurried conclusions on very little evidence and has forced everyone to prove their accusations. Also, because of the fact that they used the emergency clause and there was only a week to prepare no one had time to disclose or defend any evidence.

         

        It was very intense and nasty but thank goodness we got a sitting member with a sense of fairness! It sounds like your case did not end up too healthy. I feel for you, this is an awful experience and I hope we do better

      Viewing 4 replies - 1 through 4 (of 4 total)
      • You must be logged in to reply to this topic.