Hi,
I had/have a dividing fences dispute with the neighbour of my rental in QLD. The dividing fence is part of the pool fencing for the neighbours property. Front half nearly falls over, rear with the pool isn’t much better. Neighbour turned discussion and mediation down. Went to Small Claims Court. Order to replace some fence but economically not viable.
Lessons learnt:
1) There is a 28day period to file an appeal with the Supreme Court (small claims tribunal application states magistrates order is final).
Can take 4 weeks to get written order after hearing.2) Photos and quotes are not enough unless fence has already fallen over.
3) Bring building inspection report.
4) Bring full map of property showing fence line.
5) Reference every photo to the fence line.
6) Make clear that quotes were current when neighbour was approached but are outdated now and costs will be different.
7) Provide a step by step check list for the magistrate to follow. Include basic math when outlining costing splits. Make it really simple.
Each item: request, justification, appr / reject
Magistrates do not like to be questioned about inconsistencies in their order.9) As for the pool fence, the council is refusing to ensure it is safe and complying with legislation.
Am considering antidiscrmination complaint against the magistrate due to comments he made about nationality.
Hope this helps someone else be better prepared.
Regards,
WTBnowGood Summary WTBnow. Make that complaint!
Terryw
Discover Home Loans
Mortgage Broker
North Sydney
Click below to email meTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
WTBnow…
A major point missed is that it is better to use a solicitor.
Regarding your complaint, there is a precedent you can use from the Supreme Court of New South Wales.
The case is Bou-Hamdam v NRMA Insurance Limited and can be viewed at
http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/supreme%5fct/1998/564.html?query=%5e+bou%2dhamdamYES, spelling mistake aside in the appllants last name, this case is about me.
Basically, the following was held:
“While judges are entitled to take appearance and demeanour into account, common justice requires that the matter be brought to the notice of the parties, so that they have the opportunity to deal with it in an effective way. This was not done. The findings on credit made by the trial judge clearly had serious implications for his assessment of past and future economic loss and of non-economic loss. As a result, there has been a miscarriage of justice which can only be remedied by a new trial.”
This also made the newspapers and television. It was a good win for those discriminated against as a result of appearance.
Good luck and let me know how you go.
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The poster formally known as The Mortgage Adviser
When I grow up, I want to be a Storm Trooper!
Rob, what sort of haircut did you have back then?
Terryw
Discover Home Loans
Mortgage Broker
North Sydney
Click below to email meTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
NO COMMENT!!!
It was a shocker though. That is not the point.
He did not JUST comment on my haircut but my appearance as well which could only go to race as I was clean cut and in an expensive black suit.
With all the media hype that went on, I was promoted as ‘The man with the $100,000 haircut’. That is about how much I lost because the Judge did not like my appearance….. BUT I GOT IT ALL BACK AND THEN SOME!!!
By the way, the Judge was forced into retirement because I would not let the Judicial Commission let it go. I was pushing for a Parliamentary vote to have him removed. It was at the time when the first Judge in NSW was removed from the bench for being soooooo slow to give his judgements and then claimed stress as the reason. He was just incompetent.
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The poster formally known as The Mortgage Adviser
When I grow up, I want to be a Storm Trooper!
Must have been a mullet!
Good work
Terryw
Discover Home Loans
Mortgage Broker
North Sydney
Click below to email meTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It was not a long-haired mullet.
I look back now and think what an idiot I must have looked like though! It was more a birds nest with very short back and sides.
hehehehe
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The forumite formally known as The Mortgage Adviser
Terry,
Nope it was “somewhat unusual hairstyle which severely trims the hair except for hair at the top of his head” to quote the initial judgement… and “his hair style gives him an unusual and to me a way out appearance. That of course is his choice and privilege but it may well be a factor when he seeks a job” [biggrin]
But the appelant judge found “There was no evidence that his hairstyle or appearance reduced his earning capacity”. I think we need to be the judge of that!
Got any photos Rob?
Cheers,
Michael.I do but it will cost you a thousand dollars a photo just to have a look. I also have the TV story. It was main story on that much loved and quality current affairs show Today Tonight. I will never show that tape!!!!
You might get lucky and find them yourself as there were three large photos in the Daily Telegraph on two separate occasions at the time. At least the media spelt my name correctly (most of the time) – Robert Bou-Hamdan
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[withstupid]
The forumite formally known as Big RobRob,
I could be wrong, but I think you’ve got an identity crisis! [blink]
Cheers,
Michael.Michael, you keep changing the post on me. About finding a job, I had one. He never asked me about it. I was only off work while the doctors told me I had to be off work. I could not get covered by insurance until I had my knee reconstruction and recovered. It dragged on for a few years.
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[withstupid]
The forumite formally known as Big RobRob,
Sorry about changing the post. The more I read, the more quotes I kept coming back and adding to the reply.
Ouch about the lawsuit dragging on for so long, and also about the injuries themselves. My wifes a lawyer and I reckon its a secure job if you get my drift…
Cheers,
Michael.It wasn’t a mohawk – more like a bird’s nest. The identity crisis thing I could probably relate to. Thy described me as “NUTS” at one point in Court. I couldn’t possibly see where they would get such an idea…[baaa]
The actual accident was on 27 March 1994. I got wiped out at a major intersection in Bondi Junction / Woollahra in Sydney. The idiot that hit me came through a red light being chased by police (no headlights and no sirens on the police car) as I was turning right. I got that information and the following from police statements and witness reports as I don’t remember a thing about it all…
Anyway, they were doing 130 km/h and T-boned me clean in the passenger door. My head smashed the passenger window and bounced arround for a while causing all sorts of problems. I had a seat belt on in the driver seat. I was also in a pretty wide ute to give you some idea of the impact.
Anyway, when the car lifted off the ground and spun around a few times like a helicopter (didn’t roll) and the car ploughed into a steel light pole, I hit the old head again. This might explain me being such a nutter!
I was out for about 27 minutes and everyone thought I was dead. When I woke up, they were trying to cut the car open (jaws of life) and all these people were working on me to try and bring me back. The car was in pieces and I was stuck in the cabin. The car that hit me was an old Ford Panel Van built like a tank. I was in a Holden Rodeo Ute.
Injuries included head split open (from going through passenger window), lower left side of my back split open (from steel seat belt buckle), left leg ripped apart (from gearstick, stereo and console etc in the ute), right knee absolutely demolished internally (from steel steering column) and mega whiplash (obviously). I will not go through the psychological damage etc that was clear for a year or two aftwerwards.
I get to Court years later and the Judge thought my haircut and appearance was more important. Four knee operations later and the fact that I made no claim for any other injury excluding my knee and he still was not satisfied. I should of hit them up for my back injury and psychological damage. I can tell you now, my knee has recovered but my back never did!
That is why I won on Appeal. It was obvious I had serious injury and was not rorting the system in any way. They did not even show one video tape even though I was followed around for a long time and the guy was sitting outside the court room just in case they caught me on a lie. I caught the guy twice and sent him a coffee while he was filming me. We had a good old chat outside the court room.
Anyway, it was all sorted out in the end more or less.
Persistence is the key!!!
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[withstupid]
The forumite formally known as Big RobTerry & Rob,
Thank you for your advice. Will check out the reference.
Have looked at the cost for filing an application for extension and then filling for review. Each costs as much as what my additional expenses would be for the fence. Probably put this one down to experience.
Nevertheless will pursue the council for not enforcing a safe pool fence.
As for the discrimination, am weighing up my options of filing a complaint for initial assesment myself and if it progresses involve a solicitor or go with a solicitor straight away.
Looking at all the legal forms I have seen so far, choosing a solicitor straight away is probably best.
Any suggestions who to use for a discrimination complaint?
Rob, hope you have recovered well and are as good as you can be.
WBTnow.
Rob you weren’t Kramer from Seinfeld were you???
What a crap judge! That is blatant discrimination. Good on you Rob for following through to getting him off the bench. They are the sorts of judges we don’t need in this country.
My brother is having hassels at the moment as he was in a car accident and now his insurance people are not wanting to pay up anymore even though he goes to physio 4 times a week and the chiropractor at least 1 a week.
It’s a shame that people who really do get hurt can’t be helped coz of the scum who do rort the system. The disgusting thing is that he may not be able to pick up his child which is due in a few weeks. I don’t think I would wish that on anyone!
Steph.
Success is 1% inspiration and 99% perspiration.
Oh WTBnow, I am in talks with Homeswest now about a divinding fence. Their tenants took to it with a hammer and maliciously damaged it and they want MY insurance details. I told them to get knotted and I wasn’t paying a cent for their damage.
The stupid thing is that only one sheet is damaged, so it would be quicker to fix one sheet than have me complain more and get the whole fence replaced!!
Steph.
Success is 1% inspiration and 99% perspiration.
I think I have recovered although most people still think I am batty!
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[withstupid]
The forumite formally known as Big Rob
Magistrates do not like to be questioned about inconsistencies in their order.
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