QLD Australian Consumer Law - Can We Dispute Costs for Horse-breaking?

[Fi and Rob Kemp]

Good afternoon -

In November last year, we verbally engaged a horse training to break in our 3-year-old gelding.

There is no signed agreement. The understanding at the time was that the horse would be broken to saddle over the coming months. In late February, we expressed our concern with the progress on the horse as the trainer indicated that the amount due at that stage was $1600. The horse was not even broken to halter - we still can not even catch him.

We have felt this is unfair as the standard cost for a horse fully broken to saddle in our area ranges from $1300 through to a maximum of around $1800. The horse trainer contacted us via phone today requesting that we come and pick up the horse as he does not have time to complete the contract . He also informed us we now owe him $1750. The horse is still not able to be caught.

When we said we felt that was unfair we were told we could not come and get the horse till the $1700 is paid . What we need to know is - can we simply go and collect the horse and dispute the cost following that under Australian Consumer Law? What do we do in terms of negotiating the cost?

We want to go and collect the horse and take it to another trainer.

Thanks

 

[Lance]

Hi Fi and Rob,

This is a really difficult situation. You don't want to just go and get your horse and risk trespass. That said the horse is your property and I assume you have the papers to prove this. You could go to the police and explain they are refusing to give back your horse and see if they will attend with you. Otherwise head straight to Queensland Civil and Administrative Tribunal (QCAT) and seek the courts support to get your horse and deal with the money situation if they counter claim.

The fact of the matter is that they failed to deliver on the agreement. You would owe something for the maintenance and upkeep of the horse but it wouldn't be the premium rate. If they try to claim the money through QCAT, you will need to break down the cost for the magistrate.

Get several quotes for breaking a horse and be fair and reasonable, but I wouldn't be inclined to pay the full amount. QCAT do have an urgent application: Urgent applications - QCAT Queensland Civil and Administrative Tribunal

 

[Fi and Rob Kemp]

Hi Fi and Rob,
This is a really difficult situation. You don't want to just go and get your horse and risk trespass. That said the horse is your property and I assume you have the papers to prove this. You could go to the police and explain they are refusing to give back your horse and see if they will attend with you. Otherwise head straight to Queensland Civil and Administrative Tribunal (QCAT) and seek the courts support to get your horse and deal with the money situation if they counter claim. The fact of the matter is that they failed to deliver on the agreement. You would owe something for the maintenance and upkeep of the horse but it wouldn't be the premium rate. If they try to claim the money through QCAT, you will need to break down the cost for the magistrate. Get several quotes for breaking a horse and be fair and reasonable, but I wouldn't be inclined to pay the full amount. QCAT do have an urgent application: Urgent applications - QCAT Queensland Civil and Administrative Tribunal

Thanks so much for the feedback, we really appreciate it and will work through options based on your above feedback.

Cheers