NSW Do I Have a Shot at Winning NCAT Claim?

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fattony21

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27 November 2017
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So here's a quick rundown.

Rented out a hall for a birthday. Paid cash, no terms and conditions signed. Left some a/v equipment and a laptop there, which was stolen overnight. No evidence of a break-in. Police report is then filed.

Hall owner and I have agreed on replacement value, and he is willing to put in a claim. However, he insists that he cannot be held responsible for the theft and won't lodge the claim unless we pay the $600 excess.

The Office of Fair Trading unable to mediate a solution, so I'm considering taking it to NCAT.

Do I even have a shot at winning this if I take it to NCAT? Does the hall owner have the right to demand this despite me not signing a document stating I am liable for any excess in the event of a claim being lodged?
 

Rob Legat - SBPL

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16 February 2017
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Since there was no agreement about liability, I think they're doing you a favour by agreeing to make a claim on their insurance - especially since they'll wear whatever changes that makes to their premium next year.
 

fattony21

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27 November 2017
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Aren't there consumer guarantees against loss and damage? Since there was no evidence of a break-in(locks damaged, windows left open, etc) that suggests someone used a key. That goes against what Fair Trading told me, which is "Services must be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage"
 

Rob Legat - SBPL

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I would think that the service being provided was the use of the hall for holding a birthday - not to hold goods in safe custody. Another way to look at is: was there an agreement between yourselves and the hall owner for the storage of goods overnight?
 

fattony21

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27 November 2017
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In a way, yes. I told him that I was leaving stuff there and would pick it up the following day, his reply was to lock it up in the back room. There were other people's stuff in the back room that was taken as well.

He admitted(after the fact) that he was worried about stuff being stolen.
 

Rob Legat - SBPL

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On that basis there may be some responsibility on the hall owner as a bailee, you'd need to check the specifics of that with someone who practises law in NSW. The problem (for you both) is that there is no formal, written agreement between you. Given the things that can (and did) go wrong, a written agreement is a must. That's obviously too late now.

I would think in the end, it will largely come down to the same outcome as my initial thoughts. It's a common condition of most forms of hire that if there is an insurance claim, the hirer pays the excess.