NSW NCAT - protection of parties in proceedings?

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Ajason

Member
24 April 2021
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Is there any legal protection for parties to proceedings?

In a truly bizarre turn of events an applicant who took me and several people to NCAT a couple of years ago in relation to a strata matter (and lost) now wants to take me to NCAT for being a respondent in their original application. The reasoning offered is that by being the respondent I interferred in their affairs.

It's quite clear it's a vexatious complaint and won't go anywhere; but the issue is they have annouced it far and wide in the building where I live and because the first step is mediation at NSW Fair Trading the body corporate has also sent out the "demand", are also attending mediation, and are sending updates to all owners in the building. Unfortunately some people who have no idea of the background to the matter (or even understand how absurd the situation is) think that I'm "guilty" and claiming that by being a respondent I'm causing problems in the building! Yes truly absurd.

The Civil and Adminstrative Tribunal Act does state that a witness appearing before the tribunal has the same protection as a witness in proceedings at the Suprememe Court. However is a party (whether applicant or respondent) also considered to be a witness and therefore entitled to the same protection?