Forums / Property Investing / Help Needed! / VCAT likely outcomes?

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  • Profile photo of darkness72darkness72
    Participant
    @darkness72
    Join Date: 2013
    Post Count: 51

    Hi
    This question is inderictly about our investment property….

    Were about to commence an action through VCAT
    Bathroom tiling disaster which the tiling layer mucked up our bathroom through poor workmanship (permanently stained tiles between leaving grout on too long and using hydrochloric acid to remove grout residue).
    The tile layer is blaming the tiles. We, other tilers, the tile retailer and supplier all believe it is absolutely the tile layers fault, and that there is no fault with the quality of tile.

    VCAT nutshell questions.
    – Does the VCAT process become costly, or can I assume one may represent themselves without the need for costly legal bills…
    – If there are legal costs, could / would VCAT stipulate that the losing party pay the others legal costs.
    – Do VCAT decisions rest as final or can the loser, take issue to a higher court….
    – Is the VCAT process drawn out and costly.
    – If as we expect to win, would the VCAT decision if in our favour hold weight with the requirement of the tradesman to pay our costs for repair or could he ignore it, and force us to take it to a higher court.
    – Any referrals to experts in this area that could provide some basic free legal advice in reference to the above would be great!!

    Profile photo of thecrestthecrest
    Participant
    @thecrest
    Join Date: 2004
    Post Count: 989

    Hi Darkness72.
    All very good questions, many of which VCAT could answer, pending the outcome of course.
    Give them a call.
    They also can provide mediation.
    Cheers
    thecrest

    thecrest | Tony Neale - Statewide Motel Brokers
    http://www.statewidemotelbrokers.com.au
    Email Me | Phone Me

    selling motels in NSW

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,110

    You generally won’t get free legal advice for commercial matters.

    VCAT is a tribunal, not a court, so less intimidating. You could probably do it all yourself, but if the other party has a lawyer they may trip you up.
    costs would be limited. i.e. if you employed a lawyer and won, you would possibly get the maximum allowable in costs award to you, but your legal fees may be higher.
    they may be able to take things to a higher court
    keep in mind if it goes to the tribubnal, if it gets that far, the other party is expecting to win too.
    Yes the tradesman could simply ignore any judgment against them. You would need to them enforce the judgment by making further applications to take property, put them into bankruptcy etc.

    Perhaps ring the Dept of Fair Trading as they may have jurisdiction over this sort of thing.

    Terryw | Structuring Lawyers / Loan Structuring Pty Ltd
    http://propertytaxbook.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

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