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NSW Marrickville Council Cut Telstra Cable - Recover Extra Mobile Phone Data Costs?

Discussion in 'Other/General Law Forum' started by Mark Andrew, 28 May 2015.

  1. Mark Andrew

    Mark Andrew Member

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    Hi, for the second time this year, Marrickville council workers have cut the Telstra cable into my property. The first time while building a bus shelter, the second recently while renewing the footpaths.

    This will result in increased mobile phone internet charges and mobile usage as the Home phone line and modem has been disconnected. Also, the alarm system which communicates via the Telstra cable has been beeping loudly through the night because it has detected that the phone line has been down. This has continued for more than a week.

    What action can I take to recover costs from the council?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Mark,

    1. Have you spoken with the council about this and notified them of the damage?
    2. If your home line has been damaged, it might be Telstra's responsibility to fix it. Have you contacted the Telecommunications Industry Ombudsman?
     
  3. Mark Andrew

    Mark Andrew Member

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    Yes, Telstra were notified and they will fix it, but not until at worst 10th of June. Potentially 3 weeks later. I am asking about recovery of increased costs from the people who negligently cut the cable. They were working for or on behalf of the council.
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Mark,

    In this case, have you contacted your local community legal centre about the merits of your case? I am not familiar with actions against council, however, I suspect you can sue them in court like anyone else. The issue would be how strong a case you have and whether the costs of court proceedings is worth what you're claiming. This could be something your local legal centre can help you with.

    Another avenue, after speaking with the council that caused the damage, is to speak with the NSW State Ombudsman. They deal with complaints against state agencies and local councils. Your matter may fall outside their jurisdiction, as they do have limited scope as to what they can deal with, but worth giving them a ring.
     

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