3.10.3 Evidence | Owners Corporation Network

3.10.3 Evidence

Be as organised and methodical as you can be and try to keep personality clashes, past and present, out of the picture.

Experts:In order to assist an Owners Corporation wanting to bring Section 117 into operation in relation to a noise problem in a strata scheme, it would be useful to obtain independent acoustic tests. If you are taking this to the CTTT supported by an acoustical engineer’s findings, make sure your expert’s qualifications and experience are stated as part of the submission.  Owners Corporations need expert advice to understand the acoustic properties and the noise impact of a hard surface flooring as installed in their building. This is a different test from laboratory testing of the product to be installed in an environment other than the proposed building into which that product is to be installed.

Witnesseswho are there to support your case by testifying that they can hear noise from the timber-floored unit will be asked if the noise is disturbing. If they say “not really” (as in one example attached) the adjudicator is likely to rule that some noise is acceptable in apartment buildings and only “nuisance” noise is a breach and throw the case out. If Owners Corporations wish to gather evidence regarding the effect on noise disturbing the enjoyment or amenity of a lot, then the lot owners or occupants most affected should prudently keep a diary noting the times and dates when they were disturbed by noise and describe the nature of the noise heard. In assessing the evidence provided to the Consumer, Trader and Tenancy Tribunal, clearly the evidence needs to be reliable. There is little point calling a party to give evidence in relation to a noise dispute when the witness called to support the applicant complaining about the noise, has a hearing loss, or whose hearing differs from the norm.