We're in proceedings against a real estate agent which involves non compliance with a summons to produce documents. At issue is whether a summons was obtained under the Strata Schemes Management Act or the NSW Civil and Administrative Act? This is a question the tribunal said we need to resolve so its a valid question. The original proceedings are for orders under the SSMA.
The NCAT has already ruled the agent didn't comply with the summons but we have to go off and make another application to get it dealt with. Hence the need to properly identify relevant legislation and penalties per the question of the tribunal. It was also pointed out that if it is under the NCAT Act then only Fair Trading is authorised to seek the actual penalty so we have to do the leg work and I presume Fair Trading just sends a letter authorising the application.
The NCAT has already ruled the agent didn't comply with the summons but we have to go off and make another application to get it dealt with. Hence the need to properly identify relevant legislation and penalties per the question of the tribunal. It was also pointed out that if it is under the NCAT Act then only Fair Trading is authorised to seek the actual penalty so we have to do the leg work and I presume Fair Trading just sends a letter authorising the application.
