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| From: | SP52948 owner |
|---|---|
| To: | NCATCCDSydney ccdsydney@ncat.nsw.gov.au |
| Subject: | RECEIPTS FOUND - NCAT REGISTRY for Deputy Divisional Registrar: Update required for refund of summonses application fee in SCS 12/32675 |
| Date: | 5/9/22, 20:47 |
Luck had it that I had to clean up storage room in my unit last weekend.
As a complete surprise, I found ORIGINALS for summonses' payment dated 26 April 2013.
So, in summary, I now request NCAT (successor of CTTT) to seriously consider the irrefutable evidence of my payments for summonses in CTTT case SCS 12/32675 which were denied by Mr. Mak Harrowell without valid justification. To the best of my home accounting, summonses' money was never reimbursed to me (in spite of Tribunal's decision):
a) 27 February 2013, payment to CTTT in amount of $82.00
b) 26 April 2013, payment to CTTT in amount of $246.00
The attachments contain proofs of payments (receipts), and files related to the summonses.
I expect prompt resolution of this long-running problem.
Thank you,
On 14/7/22 17:39, SP52948 owner wrote:
Dear Tribunal,
Thank you for the response.
I am quite puzzled by statement that I did not provide evidence of payments.
The attached document "CTTT-SCS-12-32675-receipts-summons-John-Ward-and-Maureen-McDonald-and-35-pages-copies-Respondent-files-27Feb2013.pdf" shows payment for summonses for two committee members dated 27 February 2013, which were done in person in CTTT office. That is a scan of the original payment which contain all details of the transaction.
When I was in the office at CTTT on 27 February 2013, I was advised to modify the summonses which I had brought in person and cut down the size of the documents. I complied with the recommendations the same evening and sent emails back to CTTT - attachments (I have unredacted emails of the messages sent on the day):
"20130227-SUBMISSION_ SCS 12_32675 Document with questions for request to issue summons to John Ward-1143.pdf"
"20130227-SUBMISSION_ SCS 12_32675 Document with questions for request to issue summons to Maureen McDonald-2821.pdf"
"20130227-SUBMISSION_ SCS 12_32675 Document with questions for request to issue summons to Peter Bone-2822.pdf"
"20130227-SUBMISSION_ SCS 12_32675 Document with questions for request to issue summons to Bruce Copland-2819.pdf"
For the other two summonses I am having difficulty with finding the receipt.
I am not asking for a repayment of something I do not have receipt for (and you obviously destroyed it as well), but the repayment for the two summonses enclosed herewith is well justified.
Regards,
On 14/7/22 15:50, NCATCCDSydney wrote:
Dear SP52948 owner,
SCS 21/32675
The Tribunal does not have a record of the payment or a refund as the file was destroyed in accordance with retention policies.
Your request for a refund is incomplete, and cannot be considered until you provide to the Tribunal complete evidence of all payments made ie: receipts
Kind regards,
NSW Civil and Administrative Tribunal (NCAT)
Level 14, Civic Tower, 66 Goulburn Street, Sydney NSW 2000
From: SP52948 owner
Sent: Wednesday, 6 July 2022 4:21 PM
To: NCATCCDSydney ccdsydney@ncat.nsw.gov.au
Subject: Re: NCAT REGISTRY for Deputy Divisional Registrar: Update required for refund of summonses application fee in SCS 12/32675
Good afternoon,
May I have an update on this 9-year unfulfilled statement by the tribunal to return money for undelivered service?
There are no valid excuses to not return my hard-earned money any longer.
Thank you.
On 8/5/22 09:32, SP52948 owner wrote
Good morning,
After a long and complex search of my offline data backups, I traced at least one of the payments for issue of summonses dated 27 February 2013. Attachment "CTTT-SCS-12-32675-receipts-summons-John-Ward-and-Maureen-McDonald-and-35-pages-copies-Respondent-files-27Feb2013.pdf" contains irrefutable evidence of the payment.
However, that is only part of the payments, because it was related to issue of summonses to two committee members (Mr. John Ward and Mrs. Maureen McDonald).
I am still searching for the other payment for issue of summonses to strata manager Mr. Peter Bone and committee member Mr. Bruce Copland.
In any case, the evidence submitted so far clearly satisfies "on the balance of probabilities" and "beyond reasonable doubt" conditions for proving my statements.
Would Deputy Divisional Registrar please update me on the decision to reimburse me for undelivered Tribunal services in 2013.
Regards,
-------- Forwarded Message --------
Subject: RE: NCAT correspondence in 2022 for SC 20/33352
Date: Tue, 1 Mar 2022 04:42:29 +0000
From: NCATCCDSydney ccdsydney@ncat.nsw.gov.au
To: SP52948 owner
Your request for refund of your summons application fee in SCS 12/32675 will be referred to Deputy Divisional Registrar.
Regards
Senior Registry Services Officer
NSW Civil and Administrative Tribunal (NCAT)
From: SP52948 owner
Sent: Monday, 28 February 2022 4:21 PM
To: NCATCCDSydney ccdsydney@ncat.nsw.gov.au, Solicitor Adrian Mueller
Subject: Re: NCAT correspondence in 2022 for SC 20/33352
Good afternoon,
There is a good reason why NCAT is CC-ed.
Tribunal is notified so that evidence of ongoing problems and lack of actions by a government body is registered. Ongoing problems in the complex affect 218 owners so much that at end of January 2022, Admin Fund was around $116,000.00 in negative and serious fire safety and OH&S problems continue. Tribunal ignored such evidence.
Since July 2021, NCAT failed to respond to these requests
d) As per Tribunal member Harrowell's' decision in CTTT case SCS 12/32675 on 29 April 2013: "You will receive a refund of the summons fee in due course"
We never received our money back. When will Tribunal reimburse us?