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NSW How to Enforce NCAT Order?

Discussion in 'Australian Consumer Law Forum' started by malik, 8 July 2014.

  1. malik

    malik Active Member

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    I lodge a complaint in NSW tribunal ( NCAT). I had a hearing in the morning and a tribunal order for refund. When I sent the order to company they refused to pay.

    What should I do?
     
  2. Owens Lawyers

    Owens Lawyers Well-Known Member

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  3. malik

    malik Active Member

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    Thanks for help Owens.

    Actually the problem is when I lodge the complain on application I wrote National hair institute and on the eharing time the Company didn't show up.member of Ncat said the company is not listed.Than he checked the incoice and mentioned the Invoice company name.

    Today was the second hearing and they still didn't come so member made the order when she heard my case, to refund the money.

    when I send the order to company he said below.
    "
    The address and legal entity is incorrect.
    The findings are not binding.
    Your evidence was not complete and the application can not be enforced because you are suing the wrong company, the wrong address, and you have since tried to do this to 2 separate companies.
    I advise you to seek legal advice before continuing further, you have tried to sue to the wrong company. "

    member for NCAT checked the invoice and than he write the company name as per invoice.

    Though company moved to new location but the name is still same.
     
  4. malik

    malik Active Member

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    and its only $1100 owing.

    but going through court and all this and paying all the fees,at the end I probably get nothing.

    if the court made the order they should have to enforce it for free.

    :(
     
  5. Owens Lawyers

    Owens Lawyers Well-Known Member

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    Hi Malik,

    Well you could still register the NCAT order with the Local Court and try to enforce it through the court. One way to try and make a company pay is to serve a statutory demand on it. If the company doesn't pay or apply to set aside the demand within 21 days they are committing an act of insolvency.

    The company could be trying to bluff you but to be on the safe side you should get legal advice. Try your local CLC (www.clcnsw.org.au) or alternatively try to find a private lawyer through the NSW Law Society Solicitor Referral Service (http://www.lawsociety.com.au/community/findingalawyer/solicitorreferralservice/).
     
    Tim W likes this.
  6. malik

    malik Active Member

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    Thanks Owens.

    sorry I am asking too much.

    is it an issue if the company name Is correct as per invoice but the address is different?

    he might say that he didn't receive any notice from NCAT?
    than what will be the next proceeding?
     
  7. Owens Lawyers

    Owens Lawyers Well-Known Member

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    NCAT has the power to set aside a decision if it's clear one party didn't get notice. F you try to enforce the order through the court the company may apply to set aside the original order.
     
    John R likes this.
  8. malik

    malik Active Member

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    Thanks.

    I am just waiting for the stamped letter from NCAT after than I will go to local court to enforce.

    Is there any more advice which you think I should keep in mind during all this process?

    I don't want to do go any lawyer because I don't have time to go there.

    I tried getting appointment from community Lawyer but the appointment date is too far and I cant wait as I am going overseas for 3 weeks at the end of this month.

    Thanks
     

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