Issue from Previous Owners - now neighbour wants to sue me for it

Discussion in 'Legal Issues' started by danwatto, 14th Apr, 2015.

  1. RPI

    RPI Member

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    Outstanding outcome. Much better than getting lawyers involved or even going the QCAT route.
     
  2. wylie

    wylie Member

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    Absolutely agree this outcome is the best all round. I'd love to hear though whether the neighbour would have had a chance of winning by suing the new owner?
     
  3. WattleIdo

    WattleIdo Member

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    Looks like good old fashioned Aussie fair go attitude won out in the end!
     
  4. chilliblue

    chilliblue Member

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    At least you were able to communicate and looks like come to a good resolution.
     
  5. TMNT

    TMNT Member

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    good outcome!

    Its interesting how everyone seems to end up with absolute dud neighbours!!!

    playing devils advocate, they are probably thinking we are dud neighbours too
     
  6. danwatto

    danwatto and TT

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    They turned out to be really good neighbours!

    Just thought we were duds I guess, or the previous ones were..
     
  7. letiha

    letiha Member

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    For the neighbours to "sue" they would have to commence proceeding in their magistrates or other small claims court in their area (sorry didn't see where the property was located).

    Normally the claim and statement of claim would have to do a few things:

    1. allege the parties involed.
    2. Allege the period of time
    3. Allege the negligence
    4. Allege the damage
    5 Allege the cost of the damage.


    A claim would start like this.....

    1. At all material times the defendant was the registered owner of the property at 1 Smith Street, Brisbane in the State of Queensland, being described as Lot 1 on Survey Plan 12 345 Parish of Brisbane County of Stanley in the State of Queensland.



    So even if they tried this the first part of the defence would be.

    "In respect to paragraph 1, the defendant denies the allegations because they were not the registered owner of 1 Smith Street, Brisbane in the State of Queensland between xxxx May 2014 and XXX June 2014.

    Its that simple...

    They really could still sue the previous owners
     
  8. sash

    sash Member

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    My standard response to these sort of threats is ...please go ahead.

    Then in the same breath...it will be a bit of an inconvenience...but your barristers have 99% win rate. Also let him know that of course you will counter sue for costs..... ;)

     
  9. TMNT

    TMNT Member

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    same, in a previous lifetime I used to sell some left over stock on ebay and online, and I used to get threats often "I will be taking legal action if you dont give me a refund/freebie". To which my response was "sure, here are my lawyers details, please contact them directly" never heard back from 99% of them.

    Not sure how they thought how a mans size 9 shoe was going to fit a lady with a size 6 just because it was pink

    or

    how a birthday present was going to be delivered by Monday evening party, when they made a purchase on Friday 4pm even though they paid express post