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WA How to Get Builder to Pay Sum Ordered by Tribunal?

Discussion in 'Debt and Bankruptcy Law Forum' started by FailedBuild, 1 June 2016.

  1. FailedBuild

    FailedBuild Member

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    I have taken my builder to the Building Commission due to poor workmanship and materials. The Building Commission passed the issue on to the State Administrative Tribunal and the Tribunal has ordered the builder to pay me a sum of money by a due date. The due date has passed and the builder has not made any attempt to make payment.

    During the Tribunal hearing, the builder declared that he can't afford to make payment, and can't afford to liquidate his company. I cannot access the Builder's Insurance while the building company is registered, even though it is no longer a registered builder and not operating. What legal steps do I make next to either 1. get the builder to pay me, or 2. get the builder to liquidate his company so that I can get access to his insurance funds?
     
  2. Rod

    Rod Well-Known Member

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    Recommend getting a court order to enforce payment. Is the builder also personally responsible for the debt as well as his company? or just the company?
     
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  3. FailedBuild

    FailedBuild Member

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    Hi Rod.

    Thanks for the help. Following your suggestion, I've googled court order to try to find out more about that, and from what I can see this is done through the Magistrates Court, but this seems to apply to claims up to $75K. My claim is over $200K - I didn't think that was necessary information for the original question, but maybe it is important after all. Is there a different avenue I need to take for this size of claim?

    Regarding the builder's personal responsibility, I'm not sure of the answer to that one. I made my claim against the building company because that was who my building contract was with. So the Tribunal has named the building company as the respondent, and ruled that the respondent is to pay me (the applicant).

    The building company is a Pty Ltd Company - I'm not sure whether that implies any responsibility of the Directors or not.
     
  4. Rod

    Rod Well-Known Member

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    Check with the local magistrate's court first. I'm not sure how it works here because although your settlement is worth more than $75K, you are only after enforcement orders as you already have a judgement in your favour.

    For $200K I'd be looking at getting a lawyer to help. Liquidation might be the best option if you want to claim under Home Indemnity Insurance. Have you checked to see if you can claim under the builder's own insurance, if he had any?
     
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  5. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member
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    Hi FailedBiuld

    The following legislation enables the enforcement of an order of the WA (SAT) State Administration Tribunal in the relevant WA Court (which for $200k would be the District Court of WA):

    State Administrative Tribunal Act 2004 - Sect 85

    85 . Monetary orders, enforcement of

    (1) A person to whom payment is to be made under a monetary order may enforce the order by filing in a court of competent jurisdiction —

    (a) a copy of the order that the executive officer has certified to be a true copy; and

    (b) the person’s affidavit as to the amount not paid under the order and, if the order is to take effect upon any default, as to the making of that default.

    (2) No charge is to be made for filing a copy of an order or an affidavit under this section.

    (3) On filing, the order is taken to be an order of the court, and may be enforced accordingly.

    My view if that you will need legal assistance to prepare and lodge the SAT orders to convert them to a Court Judgement, as well as assisting you with your enforcement options once the judgement has been registered.

    Kind regards
     
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  6. FailedBuild

    FailedBuild Member

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    Thanks Rod, I really appreciate you taking the time to reply, and I agree that it is probably time for me to engage a lawyer. I'm hoping to access the builder's insurance, but I need the builder to be liquidated to do that - which I also need help with. Off to the lawyers I go... thanks again for your help.
     
  7. FailedBuild

    FailedBuild Member

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    Thanks for taking the time to reply James, very much appreciated. I agree that I will need legal assistance with this. Some things are well and truly out of my sphere of knowledge and this is definitely one of them. I appreciate your advice, thanks.
     
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