NSW Freezing order-Tribunal NSW

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
21 October 2020
1
0
1
I am seeking the legal advice for my house renovation disputes with a dodgy builder. He was referred by the local real estate agent on mid of Feb this year to do the renovation work for me.
The major issues of my case is the dodgy builder repudiated the contract. He illegally demanded 65% of the contract price , but he only did 10% shoddy job and abandoned the job. The particular issues are unlicensed contract, uninsured work, excessive deposit and progress payments, no formal contract.

We lodged our case to the NSW Tribunal, we followed all the court orders to provide the building expert report, witness statement and the points of claim on time. But the dodgy who ignored all the court orders to provide his evidences of this dispute case and the points of defence multiple times, he perjured in the all hearings. We served our point of the claim two months ago. Tribunal gave him two opportunities to provide his points of the defence, but he refused to do it. Thus, we are deserved to have the right to request the default judges, but the Tribunal advised us it is not applicable to the Tribunsl case. Interestingly, Tribunal is reserved their decision, they confirmed that the final decision may last 3 months to be finalised. They are patient to this rogue recidivist to listen to his false information, but they could not reward us to make the decision as soon as possible to support us to protect our right. They are helpless to the innocent party, they are helpful to the defaulter.
The dodgy sold his property on 23rd Sep, I just concerned he may transfer his money and claim the bankruptcy later to avoid pay the compensation of my losses. Thus, please kindly advise how can I to freeze his settlement fund to ensure he has the sufficient money to compensate my losses. I raised this issue and concern to the Tribunal, but they are helpless. They only suggested me to seek the legal advice

Please give me an advice how can I freeze his settlement fund legally?

Thank all of you for your help in advance.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
Yep - get legal advice.