- Freckle wrote:Can only appeal on lack of jurisdiction or denial of procedural fairness not judgments. Appeals are rare.
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.
Terryw | 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
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.
Freckle wrote:New South Wales Consolidated ActsLOCAL 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.
That is the small claims court.
What would happen if one party appealed and went to the district court? More grounds to appeal and more escalation of court costs. I know someone who lost 3 houses because he thought a $10k dispute which was a appealed
Terryw | 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
Hi
Firstly anything to do with a hot water system is an emergency. You employ an agent to work on you behalf and that's what they did, honestly as well to get three quotes to save a couple of bucks may may take a couple of days. Some times you need to do things ASAP.
try to sue or debate what will it achieve? It will cost you money, time and stress.
Since this is an ip can't you claim this as an expense?
I used to get upset when my pm did repairs but in hindsight imagine your tennent gets hurt because of the hit water system then what?
Jpcashflow | JP Financial Group
http://www.jpfinancialgroup.com.au
Email Me | Phone MeYour first port of call in finance :)
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.
My point iz that small thi gs lime this can escalate way beyond expectations. So if one is contemplating court action you should thi k carefully a d get legal advice first.
Terryw | 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
Hi All
Firstly, thank you for your feedback on my post.
To clarify, shortly after this incident I left this agency (largely due to their incompetence in general) and despite following up on the HWS installation on several occasions, they never responded to my queries and only said that it would 'be taken up with management'. Until the plumber contacted me a week ago (12 months after the installation) I had no idea they'd not been paid.
I will pay the plumber, and then will investigate looking at the small claims tribunal. I would love nothing more then to nail these guys after their appalling service, complete lack of communication and then providing my personal details to their tradesman rather than dealing with the situation themselves.
It has indeed been a good learning curve for me, and I have since signed 3 other property management contracts on which I stipulate the procedure for the emergency repairs and have ensured they have several methods to contact me. I may have high expectations when it comes to qualityof service, but I can honestly say that if you want a PM manager in the Hunter Valley, Leah Jay are the only agency I have found to provide a decent level of service.
Thanks again for all your assistance.
Many thanks,
Jo
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