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VIC Fence Payment - What Should I Do at Magistrates Court?

Discussion in 'Property Law Forum' started by Jan Jewell, 2 December 2014.

  1. Jan Jewell

    Jan Jewell Member

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    I am having trouble getting paid ($938) for a fence erected in January 2014, between two adjoining properties.

    The original owner would not answer the notice to fence and put the land up for sale. She had moved interstate. I contacted the Real Estate Agency and it was agreed that the purchaser, a Housing Investment Company, would get the builder to build the price of the fence into the building contract and that I would be paid by them.

    After numerous phone calls and emails between all parties, the Building Company finally agreed to pay the money into my account in September. This has not happened! I have been to the Dispute Settlement Centre of Victoria, but they had no luck. To recover my money I will have to go to the Magistrates Court.

    Will I need a Solicitor to represent me, as this is not straight forward?
    Will I need to name the three parties as the defendants or only the Building Company?

    Thanks.
     
  2. Rod

    Rod Well-Known Member

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    Why not use VCAT? Cheaper, though not necessarily quicker these days :(
     
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  3. Jan Jewell

    Jan Jewell Member

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    Thanks Rod,
    VCAT do not enter into fencing issues. I rang them once and was told to go to the Dispute Settlement Centre of Victoria.
    The Building Company just ignored DSCV as well.
    Jan
     
  4. Rod

    Rod Well-Known Member

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    It becomes a contract issue if the other party agreed to pay and didn't. Try that approach with VCAT and see how you go. The fact that the payment is for a fence may no longer be relevant. Worth a try :)
     
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  5. Jan Jewell

    Jan Jewell Member

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    Thanks Rod I will let you know how I get on.
     
  6. Jan Jewell

    Jan Jewell Member

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    Hi Rod,
    I have contacted VCAT but they still regard it as a fence issue. The Vic Law Institute has steered me in the right direction and I am going to get legal representation. Thanks for all your help.
    Regards Jan
     
  7. Sarah J

    Sarah J Well-Known Member

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    Hi Jan,

    How did it go with the Magistrates' Court? Did you end up recovering the payment price from the original owner or new owner?
     
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