NCAT ORDER enforcement

Hi guys;

Thanks in advance for any advice.

I have a dispute with a builder in year 2014. The brand new house I purchased had a serious leaking problem in balcony, which cause the ceiling board on veranda fell apart. Spend nearly a year time with NCAT, and finally have an order from them in favor of us. Builder is liable for the compensation of all cost.

But 4 months passed, and there is not even a single penny from builder. I have already spend thousands of dollars on a professional inspect report and some legal advise cost. And would like to know some advise from ppl here-how can I enforce the builder on the NCAT order?

 

Seek legal advice on bankrupting him if an individual or issuing a statutory demend if a company.

 

There's plenty of info online... google 'enforcing NCAT order' and 'enforcing a judgement debt nsw')

1. You need to get a certified copy of the original NCAT order (from NCAT).
2. Then you need to register it with the Local Court - it's then enforceable as if it were a judgement of the Court.
3. After that point, you have options to try and have the builder's property seized (via the Sheriff), or seeking a garnishee order to take funds from their bank account.

Best not to wait too long. Good luck.

 

Thanks heaps

 

@Vince-VX Seek legal advice full stop. There are considerable issues in enforcing a judgement debt, especially if the debtor does not have much to enforce against.

I'm surprised your prior legal advice didn't cover this?

Plus, how come it isn't an option to deal with the builder's insurance for such a claim?

 

I have paid 6000+ for legal advise and professional defect inspection report (for NCAT use). This stops me from seeking further advise again.

The doggy home warranty insurance policy indicate only builder become insolvent or dead or their license been suspend, they can get involved.

And this builder/developer have a few license under different name.

A lesson learned.

 

And forget to mention, the insurance company (for home warranty) told, I must report the defects within 6 months time from first obsession. Outside this timeframe they may not be able to do anything!!!!

At the beginning, i did not aware of this and contact the doggy builder for repairing. This guy play around this for a couple of months, use numerous excuses.

I would suggest, if anyone has similar situation, do contact the home warranty insurance first.