2001 KJ Verada Gearbox issue

[KWAWD]

Hey Andrei, why cant we have a peoples court type of service where we pay a nominal fee to have a judge resolve disputes?
Justice is too expensive here.

[Andrei1984]

Well technically, that's the idea, the actual court costs are not that high. The problems is in the legal costs, even if you represent yourself, you may still be liable for other party's legal costs if you loose, for example in a district court matter, those could easily eclipse $100k. There are however tribunals where generally no costs are awarded, in NSW it is the NCAT and also the small claims division in a Local Court.

[Pombonted]

Hi Andrei,

Thank you for all of that information. I will digest it and see how I can proceed. I've had Vic Rds here check the National database and the rego, engine no. and vin no. have not shown up anywhere so far. Sounds like the end of the line for the car unfortunately. I don't know how I will go now with the Police, now that the brother admitted he got rid of the vehicle (contradicting the mothers story). Vic Rds encouraged me to make a formal report to the Police stating that they can be lazy about pursuing certain issues. Would I have a case that could be heard in Vic because I reside here or would it need to be in NSW where the car was last known to be seen? If the Police deem it to only be a Civil matter here then it would be cheaper and simpler for me to have it heard at VCAT. I guess it would have to be NSW if it does become a criminal matter???

Many thnx

Lee

[Andrei1984]

Interstate jurisdiction is a tricky one, especially when it comes to torts. The state where the tort has occurred would probably have the jurisdiction, again you will need legal advice in relation.

Criminal matter can only be initiated by the police and then the DPP, if there is a criminal conviction that usually makes the civil matter (the tort) much easier, as criminal guilt is determined beyond a reasonable doubt, while civil matters are on balance of probabilities. Therefore, a determination in a criminal trial may be used to affirm certain facts in a related civil matter.

Im not sure whether the tribunals like VCAT can hear tort (goods or negligence) matters. In NSW NCAT's jurisdiction is generally limited to trade or commerce disputes between a business and a consumer/tenant.

[Pombonted]

Thanks Andrei. Yep you are right about VCAT and the NSW Fair Trading only being about consumer trading related issues. However the NSW Fair Trading people put me onto Law Access and they will be able to provide some free legal advice about the clarifying the issues as you have outlined by phone (good news). They also put me onto their website where I can commence Civil proceedings in the NSW in the Local Court system for a Small Claims dispute (under $10K) and represent myself. Here is a link for anyone who finds themselves in a similar situation: https://www.lawaccess.nsw.gov.au/Page..._the_case.aspx

I am preparing a statement for the Police in Vic and they apparently can fax it the the NSW Police to follow up. Regardless of Criminal charges I will pursue it in the Civil Courts once I have spoken to a Solicitor. Thank you for all of your help and advice.

In the meantime it doesn't look promising for my poor old Verada so I am on the lookout for a good reliable vehicle. It doesn't seem worth sinking any more money into the old thing given it's poor state. I will post something in the Wanted to Buy section but would appreciate anyone letting me know of any really good buys they happen to see anywhere. I have 5 dogs so a wagon or AWD or 4wd would be great.

Cheers, Lee