Further to my blogs of 29th February and  26th March I appeared in VCAT as expert witness giving evidence and offering my opinion on the condition of a commercial roof.

The central argument between parties was whether the roof repairs were finished because that determined whether higher rent payments were to apply(as per retail tenancy agreement)

The opposing party and their expert witness attempted (in my view unconscionably and against logic) to assert that roof repairs were complete and that the resulting roof leaks were due to maintenance neglect by the tenant.

My evidence and the expert opinion was that the roof repairs were physically not finished and legally not finished as roof required a certificate of plumbing compliance. The evidence was supported with photos and thermal imaging photos showing locations of roof leaks.

My evidence prevailed and ultimately the VCAT decision was favourable to my client.

My client, a young lady could not afford legal representation and represented herself.

I was impressed by her preparation, steadiness, determination and tenacity in the face of aggressive and intimidating barrister, to withstand cross examination and eventually prevail.

I could also not help but be disgusted with a system of justice in which,  intimidation, extortion of rent, unconscionable conduct (by the real estate agent) and  a false lockout of tenant, ultimately went with impunity.

Ultimately, the root of the dispute was a poorly drafted contract which despite this outcome has left my client worse off by thousands of dollars.

A lesson to be learned is: pay attention to the contract before you sign.