NSW Australian Consumer Law - Unfinished Work from Spray Painter?

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car_stress

Member
27 November 2016
2
0
1
I have a restoration vehicle at a spray painters and have been waiting for its completion now for 33 months as of tomorrow's date. At the beginning of November 2017, I requested the MTA here in NSW review this matter and attempt to mediate a date for the work to be completed/brought up to standard. It was the opinion of the MTA representative that the work could quite easily be completed in as little as 1 week if the job was given priority and the proper attention it deserved. I was also told by the MTA if I sought to refer this case on to NCAT, given the time scale and wealth of documentation I had on the entire saga, the outcome could only be found in my favour.

I made it quite clear at the meeting with the repairer and MTA that I would only be willing to wait a further 2 weeks for this work to be done, and based this time frame on the estimate of the MTA representative's opinion that 1 week is most definitely possible.

At the time, the repairer suggested he would need 4-5 weeks. I now find myself at 4 weeks since that meeting date with the vehicle still not finished, and based on the time taken to complete the first stage of remediation work being 12 days, I can only conclude that if I were to continue waiting would extend to nearer 7 weeks after inspections have taken place and the car is returned.

Tuesday 29th November marks exactly 4 weeks and the lower estimate of the repairers time scale. My intention is to notify both the repairer and the MTA on Monday 28th that the time allowed has expired x2, and I want my car returned to me the following day at the repairers expense. From here I have every intention of referring the matter onto NCAT for their determination.

Some questions:

Taking into consideration the time span, and now the repairers most recent failure to meet a 'last chance deadline' overseen by the states own motoring body, can I legally hire a similar vehicle to my own and expect the repairer to foot the bill? Is this possible under Australian Consumer Law?

Which leaves this question and one I'm not sure how to phrase exactly but here goes...

I'm often asked "Why is it taking so long?" and next of course I really don't know. But what I can say is that I have seen a good many vehicles get finished and depart over the course of time and if I was to estimate I would hasten to guess 450-500 all told.

So why is mine still unfinished? Could there be some prejudice against me even though I know of nothing? Do I need to nominate/identify/prove if a bias of some sort exists or are the facts and the circumstances themselves sufficient?
 
S

Sophea

Guest
So why is mine still unfinished? Could there be some prejudice against me even though I know of nothing? Do I need to nominate/identify/prove if a bias of some sort exists or are the facts and the circumstances themselves sufficient?

Hi car_stress,

In order to sue someone under provisions of the Australian Consumer Law, you do not need to prove motive or reason for doing it. Failure to provide adequate service itself is enough.
 

car_stress

Member
27 November 2016
2
0
1
Thanks for the reply.

So without trying to reduce matters of law to basic ABC's what category does my complaint fall under, i.e what type of law firm should I seek out? Notwithstanding that the vehicle will be finished to an acceptable standard eventually, thanks to the assistance of the MTA, what of the hardship and inconvenience this delay has caused me?

Background: I am a full time support carer for my mother and have had to manage without a vehicle for the last 2 years. Shopping, doctors appointments etc is my only focus here. I was handed down a vehicle with 8 months rego remaining initially which should have seen me through to the completion and return of my car. Based on the continued promises from the repairer that my car would be finished Dec 2014, I opted to scrap the inherited vehicle and not put any further money into it. While talking money (and it should be obvious it is not in abundant supply here) what of the costs of inspections/written reports I've had to use to get the vehicle to the point of it being almost finished?

All I'm looking for from this sorry situation is 2 things;
1. That the vehicle is refinished to a condition reflective of the monies I paid, and
2. The repairer compensate me for the time and inconvenience suffered for no apparent reason.

The repairer did not suffer illness, hardship or any other circumstance that could contribute to the delay. It was, IMO a very deliberate intention.