NSW Replacing Damaged Property

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Jaywoo220

Well-Known Member
11 November 2019
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If a government agency damages your door and you have to give them three quotes to replace the door, can you quote a better door then was there before, or on what grounds can you quote a better stronger door then was there before?

Thanks in advance.
 

Atticus

Well-Known Member
6 February 2019
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If a government agency damages your door
A postman knocked too hard on your door & broke it? A fire fighter getting access to fight a fire? a police officer carrying out his duty using resaonable force to do so?

The answer really does depend on the facts & circumstances.. .... Want advice/opinion of any value at all? Well that's only going to be as good as the information you provide.

It's the old garbage in garbage out concept.
 

Docupedia

Well-Known Member
7 October 2020
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794
As a general rule, ‘damages’ are generally designed to put you in as close a position as possible to that which you were in before the damage occurred. There are exemptions, such as exemplary or punitive damages.

If you’re seeking replacement of the door, I’d be going for replacement value. Then if you think you can get exemplary damages you’d need to plead that as an action. However it sounds like you’re making a direct claim to the government agency so they’re going to reject a claim for exemplary damages out of hand - you’d need to convince a court.
 

Jaywoo220

Well-Known Member
11 November 2019
396
5
589
It is the police. Thay asked for three quotes.

Thing is, I want to replace the door with a stronger door since they broke the other one down! How can I term it to them in acceptable fashion based on need for increased security due to their causation ?

It was a standard aluminuim security door but I now want a crimsafe one.

I.e. my elderly family does not feel safe now ?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
No. They are only required to make-good their damage.
They are not required to give you capital improvements to the premises.
 

Atticus

Well-Known Member
6 February 2019
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Thay asked for three quotes ...... It was a standard aluminuim security door but I now want a crimsafe one
Just get a quote for a crimsafe & two other security doors of approx equal quality to a crimsafe .... They may or may not query it.
 

sammy01

Well-Known Member
27 September 2015
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yeah I reckon you could just get a quote for a slightly more expensive door. Don't go for the gold plaited one. I would advise some caution here. If you're looking for a security door from which you can stand behind and taunt the coppers with some crazy crap about tresspass or soverign citizens you might just be better off with a cheap door because the cops will get through.
 

Docupedia

Well-Known Member
7 October 2020
378
54
794
I would suggest you don’t want to add a potential ‘attempting to defraud the government’ type of situation. You appear to have enough issues with them already, and it’s possibly not a good idea to give them an opportunity for another crack at you.