NSW NCAT - force applicant to go to final hearing

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Stratus

Active Member
6 March 2018
8
0
31
Hi,
A family in our building constantly files NCAT applications to harass people they don't like and then withdraw before it gets to a hearing. The applications invariable contain wild and \defamatory accusations which can easily be shown as untrue and vexatious. They do this simply as a means to harass and discredit as these get circulated amongst owners with new owners falling for the ruse until they become wise. Existing owners are fed up and want to be allowed to go the whole way. An attempt at filing our own application was withdrawn as this family called the police and claimed we were harassing them. Is there a way to force these people to not withdraw their application so we can get to a hearing? We wanted to try for vexatious proceedings but understand the bar is impossibly high for success.
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,223
972
2,894
The bar is high but each application they withdraw lowers the bar.

Plus you can go them for costs if they withdraw and you have costs.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,246
748
2,894
Sydney
If you can show a history of abuse of process, which is what this is,
then with each act of baiting, your prospects of getting an adverse costs order improve.

Which division are they bringing these claims in? CCD?
 

Stratus

Active Member
6 March 2018
8
0
31
Thank you for your replies. Yes the CCD. At first we would get legal advice but the money was wasted as they withdrew. Now we just wait and respond as best we can which may not be the best either