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.
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.