Small claims court

Discussion in 'Legal Issues' started by Coastal, 17th Jun, 2016.

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  1. Coastal

    Coastal Well-Known Member

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    If I make a claim against a tradie and the decision goes in the favour of the tradie, will I get a judgement against my name?

    A Tradie has damaged my property when doing some work. It cost $400 to do the repairs of the damage and he is refusing to reimburse me as we took 4 months to contact him... really he had been ignoring me for 4 months. He acknowledges the damage and states we are hitting him up for a free so and so.

    I don't have photos of the damage but I have wittnesses and receipts of the repairs.
     
    Coastal, 17th Jun, 2016
    #1
  2. Coastal

    Coastal Well-Known Member

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    For me, the attitude of the tradie is just wrong on so many levels.
     
    Coastal, 17th Jun, 2016
    #2
  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Yes
     
    Terry_w, 17th Jun, 2016
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  4. larrylarry

    larrylarry Well-Known Member

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    Which jurisdiction?
     
    larrylarry, 17th Jun, 2016
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  5. Coastal

    Coastal Well-Known Member

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    Queensland brisbane
     
    Coastal, 17th Jun, 2016
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  6. wylie

    wylie Moderator Staff Member

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    Why not take to the internet and post up a review of his work instead? I wouldn't bother with small claims court for $400.
     
    wylie, 17th Jun, 2016
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  7. larrylarry

    larrylarry Well-Known Member

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    That was my first thought because it does take time to bring a claim and attend a small claims hearing.

    Does the OP have the complaints in writing? Proof of contacting the tradie? You have to prepare a chronology of events/communications. Where's witness statements? (They must actually witness the act of damaging by tradie).
     
    larrylarry, 18th Jun, 2016
    #7
  8. Azazel

    Azazel Well-Known Member

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    Yeah, sounds like more of a pain in the ass.
    Will take more than $400 off your life expectancy.
     
    Azazel, 18th Jun, 2016
    #8
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  9. Marg4000

    Marg4000 Well-Known Member

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    Just be a bit careful. The laws of libel apply to the Internet, and more and more cases are coming up before the courts.
    Marg
     
    Marg4000, 18th Jun, 2016
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  10. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    $400 is not worth it.
     
    RPI, 18th Jun, 2016
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  11. wylie

    wylie Moderator Staff Member

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    Agree you need to be careful, but if you are posting a review that is stating the shortcoming of the job, I wonder if that puts you at risk of libel? Does anyone know when a bad review crosses the line into libel territory?
     
    wylie, 18th Jun, 2016
    #11
  12. Coastal

    Coastal Well-Known Member

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    Thanks everyone.

    The tradie has admitted to the the damage however refuses to pay. He believes becuase it has taken 6 months to chase him down, he is no longer responsible. He states we were liable for putting him in a dangerous postion...serously this bloke is a huge f wit.

    2 people witnessed the event.

    I might have to let this one go and let karma do its magic. The next time a tradie damages my property we will withhold payment. It was our mistake for paying him for the job.
     
    Coastal, 18th Jun, 2016
    #12
  13. larrylarry

    larrylarry Well-Known Member

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    DEFAMATION ACT 2005 - SECT 7
    Distinction between slander and libel abolished
    7 Distinction between slander and libel abolished
    (1) The distinction at general law between slander and libel is abolished. (2) Accordingly, the publication of defamatory matter of any kind is actionable without proof of special damage.

    There are available defences under the Act, from S 24-33.
     
    larrylarry, 18th Jun, 2016
    #13
  14. larrylarry

    larrylarry Well-Known Member

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    you're saving yourself from the great inconveniences. If it's $4000, it would be a different story.
     
    larrylarry, 18th Jun, 2016
    #14
  15. Coastal

    Coastal Well-Known Member

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    Yes. If he was a stand up guy he would have possibly benfitted from a lot of future work for my projects in brisbane.
     
    Coastal, 18th Jun, 2016
    #15