QLD Sold the land to get out of their contribution and verbal and written contract/agreement on the fence

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Yaksha500

Active Member
1 March 2021
10
0
31
Hi,

Firstly, I am in QLD.

I have an issue in that
1. The neighbor wanted a new dividing fence.
2. After months and months back and forth and applications and notices to QCAT we made an agreement together at a local coffee shop. (me to pay 500 they would pay the rest around 3,000, due to damage their plants had caused to the fence).
3. They then reneged on the agreement/contract.
4. They then put in an application into QCAT.
5. They where trying to sell the house, received an offer and withdrew the application, and signed the offer the day after pulling the application, i then put in another application.
6. The neighbor didn't provide a copy of the application to the "new owner"
7. My application we had to go to mediation first, i jumped up and down going no no no cause they are selling the house.
8. The new owners 30 days later went to move in and i went in that day and told them hey what about the fencing issue did you know about it etc. they didn't know at all and had no idea all of this had gone on for almost 12 months.
9. We ended up going to mediation and making an agreement they once again reneged.
10. We then went in front of QCAT the member, 1. didn't add the new owners to the suit, 2. They didn't listen or care that;
a) the original neighbor damaged the fence
b) the original owner didn't provide a copy of application
c) the original owner signed the contract of sale which states the following warranties - there is no order, impending order or THREAT of an action - given 12 months of back and forth, the applications actually there hmmmm.
11. QCAT said well the house is sold and they don't owe it therefore there is no case, case dismissed. THEY DIDN'T EVEN HAVE MY PAPERWORK OR READ IT because the court house 2 hours before said it was to much to print and bring it and that the member would review it in the room. which was a load of rubbish. To my knowledge they didn't even email it to the member to review prior to the case being called, and i was given no opportunity.
12. The new owners now come to me 2 years later wanting to sort out the fence.

I don't believe i should have to pay because the other person committed fraud, on them, and they did nothing, and i don't believe their inaction at the time warrants me having to pay more and them trying to force the previous owners fraud to them onto me. The previous owner also committed fraud on me if i have to pay more so any advice would be greatly appreciated. This should be a landmark case haha, to do with outstanding warranties and contracts at sale, and misrepresentation of land at sale. The current laws don't deal with the fact of fraud happening they only deal with the fact if everyone followed the correct process aka providing the application not lieing on the contract of sale and then the member doing their job all of it would no have occurred. I even have the log of phones to the registry where rang pleading daily to have it heard ASAP and no medication because of a sale and i knew they would lie, as they had already acted in bad faith for 12 months.

If there any lawyers who would want to look at this happy to provide 300 pages of evidence. :)
 

Harry De Elle

Well-Known Member
11 February 2017
58
3
199
My experience is Either pay for half or all of it. You will be financially and mentally ahead by cutting your loses now.

$3500 will be eaten out in a couple of letters from solicitors this is the reality. So put your hard work money where it matters ' in the fence' and try and move forward with life.