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:

VCAT Civil Claims - Questions and Thoughts?

Discussion in 'Debt and Bankruptcy Law Forum' started by toothlesstiger, 25 August 2015.

  1. toothlesstiger

    toothlesstiger Active Member

    Joined:
    21 March 2015
    Messages:
    9
    Likes Received:
    0
    This query is as a result of VCAT civil claims list matter under Fair Trading Act 1999

    The initial hearing and order was made on 2 march 2015
    comprising
    1.Payment $4534
    2.Reimbursement $158.90 application fee
    Total $4692.90
    3.Return of defective goods to be mutually agreed to.

    The order was registered in Magistrates court on 23 march 2015

    The respondent made application for a review and rehearing which was held on 4 August 2015
    Orders made
    1.The Review was refused and
    2.The order made 2 March 2015 shall remain in force

    This order was presented to the Magistrates Court on 21 August 2015
    At this time an interest calculation of $188.07 was made with the courts seal and date.
    Being calculated @10.5% on the Initial order of $4534 from the date the order was registered on the 23 march 2015

    A letter of demand for the Claim $4534 , Interest $188.07 and Costs $158.90
    Total Of $4880.97 was provided to the respondent
    Requiring payment by eft to the nominated account by the end of the month.

    I have 3 questions

    1. Is the interest calculation @10.5% correct and payable ?

    2. Is a bank cheque an appropriate method of payment ?

    3. Should the defective goods be returned before payment and is there any negotiation on their condition?
    The original order states
    "3.the applicant shall make the "goods" available for collection by the respondent at a time mutually agreed by the parties."

    I hope i have provided enough information for someone to comment as i would like to complete this matter and get on with life.
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    Hi toothlesstiger,

    Yes the interest calculation looks fine, although I am not sure whether it should be payable from the date of the initial order (23 March) or the date that the rehearing determined that the initial order should remain in force (August 4). (sorry I'm a bit rusty on that) The post judgement interest rate sounds about right, it is updated each year on 1 January and 1 July based on the Reserve Bank Cash Rate as at 30 June and 31 December + 6%.

    How you will pay the order is something that can be negotiated directly with the other party. There is no specific rules regarding how you must pay a judgement debt.

    Since no time constraints are stipulated in the order, it doesn't matter whether the goods are returned first or you pay first. Neither is there any strategic advantage. I'm sure once you pay they will be willing to hand over the goods. Otherwise you can get them for breach of court order. In the absence of any specific directions regarding the condition of the goods, it would be assumed that the goods be returned in a condition the parties would expect them to be in.
     
  3. toothlesstiger

    toothlesstiger Active Member

    Joined:
    21 March 2015
    Messages:
    9
    Likes Received:
    0
    Thanks Sophea for taking the time to comment on my situation.

    Firstly I am the applicant / creditor in this matter and the respondents application for review was only that...an application which was refused so surely the interest portion should apply from the date that the matter became an order of the magistrates court?

    My concern is how do i convince the debtor that the interest portion is legitimate and non negotiable...do i need it ordered by the magistrates court ?

    The clerk i dealt with seemed a little confused when the question arose ....am i entitled to have the clerk verify the query?
     
  4. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    Yes, I would go back to the court registry and have them resolve the issue - I think its something the Registrar should be able to help you with.
     

Share This Page

Loading...