NSW NCAT - Can Expert Witness Also be the Respondent?

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nose

Well-Known Member
27 November 2015
67
1
199
thank you both enlightening. I was considering an appeal but given that it seems without a confirmed diagnosis, even though the horse has symptoms to the extent it cannot be ridden by a novice rider ( my daughter) and even expert riders don't want to ride him as they find him difficult and a safety concern, I think I will just be happy the member made the sellers take him back from me and whatever happens with him from now is their responsibility, not mine. They kept my $12,500 but I couldn't consciously move him on to anyone in case someone gets hurt.
On another note , legally am I required to somehow register his existing condition given they are going to try and sell him on, or that all now falls back on them as the orders say the ownership of the horse shall pass back immediately to the respondents? I don't have any paperwork for this horse other than a lapsed Equestrian Australia registration that I never changed over to my name as we never got to ride him to take him to any events.
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
as the orders say the ownership of the horse shall pass back immediately to the respondents

Huh? Let me get this right. The Tribunal ordered that the horse be returned to the respondent, but didn't order that they give you back your money?
 

nose

Well-Known Member
27 November 2015
67
1
199
Huh? Let me get this right. The Tribunal ordered that the horse be returned to the respondent, but didn't order that they give you back your money?
Right scruff. The member said he was putting on his mediator hat and allowed the respondents to make me a goodwill gesture offer of $2500 in return for the horse. Quite smuggly they agreed, said they were happy with that saying they knew they could get the horse right again ( to resell) and would buy him back from me for $2500 cash. I was so dissolutioned with the whole Tribunal that I agreed. The member didnt feel I was entitled to consumer law claim that I could expect the horse to perform well after purchase because its an animal and anything could gave caused his problems and I couldnt prove he had it prior to purchase.