LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW NCAT Claim - Can Curtain Installer Legally Enter Home?

Discussion in 'Australian Consumer Law Forum' started by Martina, 22 July 2014.

  1. Martina

    Martina Active Member

    Joined:
    22 July 2014
    Messages:
    5
    Likes Received:
    0
    We had a very bad curtain installation done some months ago and are going to the NSW Tribunal ( NCAT) to claim our $7000 back. The installer says 'he has a legal right' to come in with his installers to take pictures of the job that he did. Under the Australian Consumer Law, does he have a legal right?
     
  2. Owens Lawyers

    Owens Lawyers Well-Known Member

    Joined:
    13 June 2014
    Messages:
    103
    Likes Received:
    58
    Hi Martina,

    That seems unlikely. Maybe you should ask him what law he is relying on to assert this right.
     
    DennisD likes this.
  3. Martina

    Martina Active Member

    Joined:
    22 July 2014
    Messages:
    5
    Likes Received:
    0
    Thanks very much. Good comeback :)
     
  4. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,722
    Likes Received:
    404
    Although it may be reasonable to let him in,
    by consent and at at an agreed time, so that he can have a look,
    I can't see how he can have a right to enter.
    Among other things, this means that you could agree in advance
    on how many people would turn up to "have a look".

    And of course, you are free take pictures yourself,
    with a view to tendering them in NCAT.
     
    DennisD likes this.
  5. Martina

    Martina Active Member

    Joined:
    22 July 2014
    Messages:
    5
    Likes Received:
    0
    Thank you, Tim. Yes...we actually offered him a time. To which he replied "That doesn't suit me"!! We were VERY generous and offered him another two times in the evening and he said he needed the natural light so evening times were no good! The gall of this man. And all this time telling us he needed the pics to build his case (against us, if you don't mind!) So you can see the caliber of the man we are dealing with. I only hope that NCAT can see how much of a scoundrel he is. We paid for everything up front, no questions whatsoever asked as we trusted him implicitly! We had no reason not to until after the deed was done, unfortunately. We have another hearing in October. He is going away on holiday so have to wait for him to come back. :mad:
     
  6. DennisD

    DennisD Well-Known Member

    Joined:
    11 July 2014
    Messages:
    179
    Likes Received:
    57
    Hi Martina

    You can keep a record of your correspondence (eg, if it has been on the phone, summarise it in an email to him). This would help to show you have allowed reasonable opportunity to attend the premises and inspect the work, in case he plays games / later tries to argue otherwise. If he does agree to a time, as Tim says you could agree in advance how many people would turn up to 'have a look'
     
    Tim W and Sophea like this.
  7. Martina

    Martina Active Member

    Joined:
    22 July 2014
    Messages:
    5
    Likes Received:
    0
    Don't worry, Hugh. We have kept everything! We have photos, independent assessments, email strings, a history of every call and (lack of any) visit etc.
    Thank you for your advice.
     
  8. Martina

    Martina Active Member

    Joined:
    22 July 2014
    Messages:
    5
    Likes Received:
    0
    We have received a response to our claim/complaint from the curtain installer and feel we could do with some legal advice to go through our rights in readiness for the Arbitration. Can anyone advise a good source? Can you take legal representation to to an Arbitration?
     
  9. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,722
    Likes Received:
    404
    John R likes this.
  10. John R

    John R Well-Known Member

    Joined:
    14 April 2014
    Messages:
    637
    Likes Received:
    165
    Hi @Martina,
    Following on from @Tim W's helpful link to prepare for your NCAT hearing, NCAT is intended for people to self-represent (that is, represent themselves without lawyers).
    Please keep us updated with your progress.
     

Share This Page

Loading...