Forum Replies Created
Had a client in Sydney who ran nightclubs. Has a gorgeous wife who likes to 'collect' expensive shoes. Wouldn't buy anything under $1000. She bought mail order from high end retailers all over the world. I asked her what her little collection was worth and she said $60k+
You see Jo when the wife's got a wardrobe full of shoes you'll know you've made it. Imelda always thought so
zmagen wrote:I find you aggressive and offensive,You do realise this forum is a part of cyberspace called Kiddies Corner don't you. It's the most protected, uber sensitive, politically correct nanny place one can imagine.
How anyone can define any content published here as offensive and/or aggressive will need explaining to me because I'm mystified.
BOJ is printing yen to infinity. What makes you think there is a dollar in buying Yen now when it's clearly loosing value against the AU$
Jap economy is nearing the end of its ability to borrow internally. It will soon be forced to borrow internationally at higher interest rates. The end is in sight for the Yen as we know it. Japanese currency collapse is now seen as real possibility.
The Jap economy is now between a rock and a hard place with no way out. Foreign investors holding Jap assets will loose their shirts when confidence in the Yen falters.
If your intent is to play the fluctuations then your dancing on the edge of a cliff.
possumpal wrote:The thought of not "having" to work excites me, flash cars and fancy boats would be nice but so would freedom
Interested to hear anyone else thoughts
Tim
It's that Xmas new Year thing Tim. It's alright though… we all get a bit delusional this time of year. Reality will set in again once you're back to the daily grind.
When reality does set in again try sitting down and crunching some real numbers. Not the air-fairy wishy-washy stuff you just threw up. Try throwing some future planning into the mix as well and don't forget a bit of contingency planning. That always helps to jolt one back to reality.
Like a depreciating asset (yes property can loose value I'm afraid), loosing ones job, marriage and or kids (damned expensive), injury/illness/accident (happens unfortunately), new desires (boat, travel, education, family etc).
Yep. I too am prone to flights of fancy in the shower. Good thing though is once I pull my jock strap on I'm back in the world or reality.
All the best for the New Year.
TerryW wrote:That is the small claims court.What would happen if one party appealed and went to the district court?
They still have to meet the appeal requirements to get past go. An appeals option is part of almost all legal procedures. One has to accept that this could be the course any civil action could take. However, at a realistic level the odds are extremely small and smaller for relatively small amounts. The option is to do nothing and for ever take it up the rear. Definitely not my style but neither am I interested in cutting off my nose to spite my face.
Quote:More grounds to appeal and more escalation of court costs.Lost me here??
Quote:know someone who lost 3 houses because he thought a $10k dispute which was a appealedSamo. The lesson is not to be afraid because 2 idiots want to go toe to toe. The lesson is to know what are acceptable losses (if it comes to that) and when to pull the pin.
New South Wales Consolidated Acts
LOCAL COURT ACT 2007 – SECT 39
Appeals as of right
39 Appeals as of right
(cf LCA 1982, section 73)
(1) A party to proceedings before the Court sitting in its General Division who is dissatisfied with a judgment or order of the Court may appeal to the Supreme Court, but only on a question of law.
(2) A party to proceedings before the Court sitting in its Small Claims Division who is dissatisfied with a judgment or order of the Court may appeal to the District Court, but only on the ground of lack of jurisdiction or denial of procedural fairness.
Can only appeal on lack of jurisdiction or denial of procedural fairness not judgments. Appeals are rare.
Terryw wrote:sorry freckle. i disagree with almost everything you have written above. the poster should think carefuly about this as it could be costly and time consuming.
I've never found small claims tribunals costly or time consuming but that may be a matter of opinion.
Quote:torts is a different area of law to contracts. a tort is a civil wrong such as negligence etc. whst we have here is a contract dispute. nz law doesmt apply.My mistake. Contract law and tort law used to be fairly similar 20 odd years ago although they do deal with different aspects of civil disputes. Contract law is increasingly being supported by actual legislation although not completely yet. I see this as both a contract dispute (plumber Vs agent) and a tort (agent acting beyond authority)
My understanding is that within the British realm legal precedents are transferable between jurisdictions. The Auckland case was a bank (who owned the mortgage) moving to protect the asset assigned to the mortgage. My guess is that it may well set a precedent acceptable in Australian courts.
Quote:the poster entered into an agreement with the plumber via the agent. the plumber can sue the poster. the plumber has done the work and is entitled to the money so he would have a strong case.Agree
Quote:losing would mean a judgment on the credit report and this would affect all future finance applications for 5 years.Yes definitely a risk to some extent. Judgements can be excised from credit reports with a Consent Order or Notice of Discontinuance. Messy though if it comes to that.
Quote:the plumber may be entitled to the items as they belong to him. the agreement entered into could allow him to enter the premises to do so. it would not be stealing and the police are unlikely to want to charge him or to even become involved.Agreed but exercising ones rights in this case could be difficult for the plumber. This kind of thing is unusual and the plumber probably understands he's potentially walking into a minefield if he did follow that course of action.
Quote:trespass is a tort so you could possibly sue him if u hadnt given him permission, but this would be costly and unlikely to get you anywhere.Agreed. Escalating the issue over such a small amount would be crazy.
Quote:i would suggest you just pay the plumber and forgetabout it.Not me. Personally I'm over turning the other cheek. I would pay the plumber (its the likely outcome of a small claims tribunal anyway as I suggested earlier) and sue the RE in the small claims. It's a few dollars and a bit of time. Well worth the exercise just for the learning opportunity.
Where is the old system? Was their a credit for it. It's a copper cylinder and worth a few bob as scrap. I would want to be shown why it was replaced and probably assessed by someone else. Food for thought?
Interesting..
This is largely contract law (tort) unless specific legislation covers aspect of this disagreement. In the main during a contract dispute an installer of (whatever) can't simply walk in and reclaim the goods even if it states he can on a contract. He still has to get a court order to clarify the situation and where the dispute is at. This was tried some years ago in Auckland by a joinery company that had installed doors, windows, shutters, cabinetry etc in a luxury house. They rolled up early one morning and began removing all their product. A few days later they were ordered by the court to reinstall everything until such time as the matter was resolved in court.
The small claims process is by comparison almost costless. Here in WA I simply file online when I have a client withhold payment or not pay for whatever reason. Costs about $120 which is added to my claim and the papers are served via registered post. Two weeks later I'm usually paid. Some try to hold out to the death but they always cough.
The great thing about small claims court is no legal representation if you don't want it and no awarding of legal cost either way. Judgments are usually final so no appeals rubbish etc.
In a claim the defendant usually gets a few options prior to committing to a tribunal namely; defend, pay part or pay all of the claim. The time frame is usually 4 weeks to respond so that leaves time for the RE and parties to negotiate a settlement.
If I was Jo I would encourage the plumber to take the action against the RE and then act in a supporting role (no cost) and then go with whatever happens after that.
Shedin wrote:concerned though if the turnaround might be next year and so may be worth holding a little longer.Wishful thinking at best. Take a look around you. See anything that's going to change the situation for the better?? No. You know what to do then… eh?
Cleaning is a matter of interpretation. Light bulbs are consumables. Paint behind the fridge is something you missed. I'd say tough luck and move on.
Wish I had a $100 for every dirty rental we've moved into that should have been cleaned.
Garage side door – fix it and send them the bill. When they don't pay lodge a claim with the small claims court.
To do list for 2013 (hell I'm too old for goals I'm working on my bucket list)
1. in to hospital to get a few running repairs done, pipes valves and pumps need a reco. Bellows are probably buggered by I here oxygen is still cheap and plentiful. Teeth – last count I have enough to last me. Eyes? Not sure what to do about them. I'm on 1.5's at the mo' bit annoying really but mum doesn't look as scary in the mornings.
2. Buy a couple of Seadoos for me and the old girl. They say drowning's a nice way to go if it all goes south.
3. Thinking about an overseas adventure – suggestions
4. property – hell no. It's still a spectator sport around here
5. set up a business or three
6. maybe a grandson/daughter in August – Jeez a grandad
fredo_4305 wrote:So they are liars as well as greedy??You just described the political, corporate and financial world.
Banks are just like any other business entity. They're looking to protect and enhance where possible their income streams. 60% of revenue comes from interest bearing products.
They borrow short from overseas sources at fixed rates. They have to hedge that against FX movements and other costs. The money provides liquidity to the mortgage market. So the RBA sets an almost unrelated market rate and expects the banks to suck up the difference. Not good business. The problem with central bank interference is that it distorts market rates.
In the coming years I expect to see 2 problems appear; less liquidity and higher rates as the global situation continues to deteriorate. Central banks will have to make a choice between lower rates (to stimulate the economy) or suppressing inflation. They can't do both.
The few basis points you're getting your knickers in a knot about will be the least of your worries or things that irk you.
Fredo I suggest you do some Econ 101 research on interest rates, how they're set, who and how they affect people and the wider economy.
This should allay much of your angst regarding this subject.
PS: You might also like to take with a grain of salt the comments promulgated by PR companies on behalf of corporate institutions. They rarely reflect reality or for that matter resemble even slightly the truth of the situation but rather a perception they would like you to believe in.
Plumber can't enter a property and reposes without a court order.
Indicate to the plumber that while you sympathise with their situation you are happy to go to court to get this resolved however the RE is the one who commissioned the work not you.
From the plumbers side this is a breach of contract – the contract was not with you.
This is a small claims situation – see here and here
What I would do is work with the plumber to get this resolved by taking a joint action in the small claims court against the RE's PM. My guess is that a court would find you owe a portion of the liable amount (because you do benefit from a new HWS) and the RE the rest because they've exceeded their authority.
My guess is that it's not Win8 compliant. W8 is a major rebuild of the WinOS not just a simple upgrade as in the past.
Quote:Umina Beach/Woy Woy is great potential suburb to invest.Somebody explain to me how this can be construed in any way as an investment. With a gross rental yield of 6.6% and no potential for CG growth why would you buy these in that location.
There's been no CG growth in those areas for the better part of 10 years and some of those where the good years. I rented in Umina in 2000. Jeez the rents have hardly changed!
Talk to local builders. They know the area and local authority requirements. Local architects and engineers are another source. They should be able to give you building options like cutting in or building on top etc and associated ball park figures.
It's a straight forward build on that block. About the least complicated and expensive for a sloping site you could get.
Yoly you're a big boy now. A pocket full of cash makes you ten foot tall and bullet proof in the big ol' world of property investing. You don't really want to listen to people like me because I'm the one dissuading (or trying to) from reaching that goal of being a property guru I mean investor.
99.9% of people here will slap you on the back and say go for it. Many are industry professionals and very experienced. I couldn't recommend better people for the knowledge you seek.
My point is not what, where or how to buy. My point is should you buy at all. Global economy is stuffed. National economy is in trouble and getting worse. Property market is reflecting that difficulty in sliding values. Metaphorically speaking you can't even tie your shoe laces yet.
I'm not interested in supporting you. I'm just giving you a warning. Keep your money in your pocket and wait. And while your waiting watch and learn as much as you can.
If you choose to ignore this warning then you almost certainly will be one of those wannabe's holding the bag. No supposing at all.
