Retaining wall dispute

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SP3

Well-Known Member
7 February 2018
29
0
121
I am a self represented claimant in a retaining wall dispute. With this case, there are now two conflicting expert reports from both myself and the neighbor as to what caused the retaining wall to fail.
It was decided to engage a 3rd independent expert to review the first two expert reports and provide an opinion as to which one is right.
The 3rd experts fee was to be pre- paid and shared equally by the two parties. That was about 18 months ago. Since then the defendant has adopted a policy of stalling ,with minimal communication, little cooperation, no negotiation and no active engagement in finding a resolution .
I have recently obtained a quote to do the independent expert task. Can I lodge an application with the court seeking an order to compel the neighbor to pay a half share of the consultants fee ?
If I am successful and the neighbor still refuses to cooperate or pay his fee share, what further steps can I take to progress the case?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
What State, which Court?
 

SP3

Well-Known Member
7 February 2018
29
0
121
Hi ,
The case is a " general Procedure " case in the magistrates Court in Western Australia .