I have to take a painter to court to overturn an Adjudication taken out and me under false pretenses.
There was a number of issues with the Adjudicators judgement, all of which were incorrect.
nevertheless, he found in favour of the painter.
I showed the painter all the errors on the adjudication, main one being we never had and agreement or contract, which he claims was verbal.
I had a contract with a client to fix up specific works identified on an Expert report. The work he did for the owner and he hugely overcharged for this work. I refused to pay him a cent, it is the owner that owes him the money as no variations to my contract was ever raised to include repainting the whole inside of the house.
I had left the job three months previously. The painter used the adjudication to get a garnishee order to garnish my bank account of $18,000,
This has left me with $9 in the bank and unable to carry on business.
I need to put an application into the Supreme Court to have my money returned and also to have the Adjudication set aside. Do I fill in a notice of motion to set aside the adjudication and a separate notice of motion to have the money returned?
He garnished my bank account and I only found out the next week when I tried to pay for the materials that the money was put in there for.
it was put in on the morning of the same day that he garnished it.
Talk about lousy timing.
There was a number of issues with the Adjudicators judgement, all of which were incorrect.
nevertheless, he found in favour of the painter.
I showed the painter all the errors on the adjudication, main one being we never had and agreement or contract, which he claims was verbal.
I had a contract with a client to fix up specific works identified on an Expert report. The work he did for the owner and he hugely overcharged for this work. I refused to pay him a cent, it is the owner that owes him the money as no variations to my contract was ever raised to include repainting the whole inside of the house.
I had left the job three months previously. The painter used the adjudication to get a garnishee order to garnish my bank account of $18,000,
This has left me with $9 in the bank and unable to carry on business.
I need to put an application into the Supreme Court to have my money returned and also to have the Adjudication set aside. Do I fill in a notice of motion to set aside the adjudication and a separate notice of motion to have the money returned?
He garnished my bank account and I only found out the next week when I tried to pay for the materials that the money was put in there for.
it was put in on the morning of the same day that he garnished it.
Talk about lousy timing.
