NSW Respondent argues financial records sought will soon expire so don't need to be produced - Tribunal agrees and wants me to make a case otherwise!

[TBP]

Is there some sort of technical term or legal concept I can state as to why the matter shouldn't be dismissed?

I've been seeking a number of financial records from a number of years from strata. While the tribunal agreed I was entitled to them the tribunal also agreed with the respondent that they didn't need to be produced as the 7 year cutoff to keep them would soon expire. The whole reason for making an NCAT application was to get those records which were being refused. The tribunal did order that other records sought should be produced as they were well within the 7 year period.

Those additional records weren't produced and we're back at the tribunal to have the orders renewed. The respondent is arguing that the period to retain those additional records will soon also expire so compliance is unnecessary, that they are archived so they need to locate them, and are pointing to the previous decision to have the matter dismissed. The tribunal agrees and wants me to make a case as to why it should not be dismissed.

I don't get this. It's law that those records be kept for 7 years and that they be produced. I also got orders. I first sought these records when they were 4 years old and then obtained tribunal orders when they were 5 years old. They are just on 6 years old now and soon will be at the stage when the tribunal agreed that the previous records sought didn't need to be produced even if the period hasn't expired.

 

[Nighthelyn]

Dear TBP,

Unlike a court, a tribunal is designed to minimise legalise so it is accessible to everyone. This means a tribunal member is not expecting legal arguments or legal concept, but just plain language practical conversation.

Suggest that you consider carefully - is it true that the information you ask for is useful to you, and if so in what way - why should the strata spend money to retrieve from the archive information that is close to 7 years old and even if you get it would be useless to you? I can’t myself think of any reason you would need a document that is 7 years old - would you accept 6 years? Would you pay for the archive retrieval cost? Would the enforcement requirement and statutory limitation be by special reason be longer than 7 years? (Unlikely unless this relate to a crime of some sort). The tribunal member is required to balance your need with the need of the strata not to waste resources unnecessarily.

Good luck!

-Nighthleyn