Jak. Bit hard to read on my phone but that looks like the one.

Dirdt link
law.ato.gov.au/atolaw/view.htm?Docid=SFR/SMSFR20121/NAT/ATO/00001&PiT=99991231235958

I disagree again with the first part. Of course there must be grounds for appeal. A party cannot appeal just because they dont like the decisions but there are many other reasons why an appeal could be made. Eg.mistake of law.

Appeals are rare. But a quick search will show there are many hundred appeals each year possibly thousands.

Granting an option is a cgt event.

you cnnot renovate using borrowed funds but it is possible using cash as long as you dont change the nature of the property.

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.

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. 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. losing would mean a judgme t on the credit report and this would affect all future finance applications for 5 years. 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. 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.

i would suggest you just pay the plumber and forgetabout it.

double post

the agent is your agent. you have given them permission to act on your behalf. if they have done something exceeding their power then they can be personally liable. but what are you seeking in this? was the hotwater system too expensive and do you want a reduction? legal fees will exceed the cost of the hws.

the plumber probably has clauses in his contract that he retains ownership of the items until paid. he may also be entitled to go onto the property to take his items.

i would suggest you be very careful how u proceed.

Probably cross collateralised, or used a LOC for the deposit etc

There are also a few private rulings out there where the ATO actually said it was ok – these only work for the individual that applied for the ruling. Might be good ammunition to rely on though if you try the same.

PBR 94313 http://www.ato.gov.au/rba/content.asp?doc=/RBA/Content/94313.htm

PBR 93035 http://www.ato.gov.au/rba/content.asp?doc=/RBA/Content/93035.htm

PBR 93707 http://www.ato.gov.au/rba/content.asp?doc=/RBA/Content/93707.htm

PBR 94313 http://www.ato.gov.au/rba/content.asp?doc=/RBA/Content/94313.htm

One where they said no

PBR 1011345133229 http://www.ato.gov.au/rba/content.asp?doc=/RBA/Content/1011345133229.htm