Property dispute - No recourse

I really like Solution 1 and natural selection has worked well for years. I might have to run with Solution 3 and 4 at this stage.

But before I do, do you think there would be any weight in contacting my local member of parliament? Would they be able to coerce the Real Estate and Landlord to come around?

Or, do I just by-pass them all together until they get correspondence from the Supreme Court?

That would be the most fun.

 

The fan idea is about to come into play.

 

The NCAT (NSW Civil and Administrative Tribunal) were the very people who said I don't have a leg to stand on. (From the mouth of the Senior Registry Officer - Newcastle).

 

So, very true unfortunately. The real estate agent (property manager) has given him the 'green light' to continue what he has been doing. I think the local member might be the first point of call.

In fact, I'm going to draft the email to the local member right now.

 

He doesn't wear a mask, but I think no shirt and hat sideways accounts for safety. I'm seriously considering the use of an industrial fan.

 

Well, I've just forwarded the same information to Sonia Honery MP for Wallsend. I will keep you all updated.

 

Is NCAT the only jurisdiction you can take him to? See legal advice about civil remedies in the courts.

 

Hi David

this case might help Bonic v Fieldair (Deniliquin) Pty Limited & Ors - NSW Caselaw

Tory of nuisance and negligence were pleased against the defendants. The Burnie port decision is instructive.

I haven’t read in detail but the plaintiffs claimed their agriculture was harmed by the spraying of weedicide. Tort of nuisance points to some intention on the part of the tortfeasor and negligence being unintended consequences.

EDIT: I was typing the above whilst travelling on the bus... the above case is pre Civil Liabilty Act 2002 so has some bearings on negligence as discussed in the above case. It seems to be tort of nuisance can be established, prima facie but to bring any court proceedings, one must contemplate what damages you might get. if the chemical has an adverse effect on your children, particularly the one with heart condition, and can be established, then damages can be measured. The Court I would think has to calculate what the deprivation of your enjoyment of your pool and space would be equivalent to in dollar terms.

This aspect must be considered in detail because going to court is expensive.

 

You might have to think outside the box to deal with this idiot.

It's going to cost a heap to go the civil litigation route.

Go get a motorbike license, and buy yourself a bike of some kind for, say, half of what you would guess the legal avenue would cost, then join your local motorcycle enthusiasts club.

The stress of litigation shall be tempered by the joy of the open road.

Schedule a BBQ for you and your new motorbike buddies, with free parking in your backyard, coincidently when the idiot decides to practice his "artwork", and then point out to your new buddies that this idiot DGAF what they think about the new paintwork on their bikes.

And see what happens then.

 

I wouldn't poke the hornets nest.
If talking to him doesn't go well then I would write a letter to the neighbour outlining your son's issues and propose perhaps some compromises:

1. would he be willing to stick to hours (let's say school hours) to do his artwork so your child isn't affected
2. would he be ok if you increased the height of the fence to stop paint getting into your pool area

if all else fails you could offer to pay his moving expenses and break lease expenses up to $5k to get him to go be someone else's problem

 

Tough.

I would firstly try to work out a way to improve the relationship - be creative.

However, he has stated that this is a business - worksafe.....

Spray painting and powder coating

However, if you going down this path. I would have a deeper plan in place to deal with bad behaviour - i.e. speak to the police about the harassment and that you are worried that it might escalate - what are the options should that happen. e.g. AVO or something like that.

 

Edit: I re-read the OP post and he did note worksafe ... I am suggesting the inspectors.

 

Waste of time. State member has NOTHING to do with local govt issues and neigbourhood disputes which are a legal issue.

Legal advice will recommend how the notifications are served. Often accompanied with a letter from a solicitor advising on the issue and the recourse you intend to take. Served on owner, PM and the tenant and join them all in the action. A process server may not be ideal and it wont convey the true message. And a soliictor needs to be ready to seek injunction if they seek retribution.

The legal advice may caution the path you propose to take but seek conciliation at a CJC first.