Solicitor Sent This Sentence, Can Someone Help to Understand?

easoweno on 01/07/2022 - 17:14
Last edited 01/07/2022 - 19:07

We may take our neighbour to tribunal (to settle some fencing cost issues, actually nothing to argue about, just want to go 50/50 and it's reasonable and I dont think he has any ground to win), and we have received the below from his solicitor.

"I advise in the event you commence your foreshadowed application with NCAT, I suspect I will receive instructions to defend such application."

What does "Suspect" mean here? Partner reckons that means solicitor "beleives" that he will act for neighbour, but my understanding is he "doesn't think and doubt" that he will act on his behalf.

Can someone shed some lights?

Also if anyone can advise…. if I do lose the case, will I be asked to pay for his solicitor's cost? I don't think I will lose but just want to know all the possible consequences first.

Home & Garden

Comments

    • easoweno on 04/07/2022 - 09:27

      Wish I can write that, hahaah…. will he sue me for defamation?

      • Tleyx on 04/07/2022 - 10:29

        Defamation can't happen on a letter I think. Has to be public.

        It would be use of mail to be threatening or something maybe

        But don't send this letter.

        • easoweno on 04/07/2022 - 11:32
          +1

          I won't…. no need to be childish about it, but I would really want to say that to his face if I can.

  • charkwayteo on 04/07/2022 - 00:19

    Take 'em to NCAT, you'll win regardless of his Lawyer or not. I was in a similar situation.. get a few quotes prepared and go to court he'll be ordered to pay half.

  • redfox1200 on 04/07/2022 - 10:02

    ignore lawyer go to court

  • Caped Baldy on 04/07/2022 - 10:15

    Lawyer is overkill for NCAT and it seems like scare tactics to me.

    Make sure you've got your paperwork in order. eg agreeance from neighbour to contribute towards fence, quotes etc.

    NCAT adjudicator likely won't even look at the paperwork though and will ask to split the cost beforehand in mediation.

  • erasimos on 04/07/2022 - 10:31

    Don't get stuck on fifty fifty if your neighbour doesn't think it needs replacing especially if the fence is being upgraded. We wanted a taller fence and the existing one was tatty and barely serviceable. Convinced owner the new fence would add value and offered sixty forty. It comes down to money unless they really have an objection to the type of fence.

  • Drakesy on 04/07/2022 - 14:08

    Have you presented the OP with a letter of demand for costs, if not then this is probably what the solicitor wants to see?

    Sounds like a letter the solicitor should of written to their client tbh. The VCAT will inform the defendant who will then enlist the services of their solicitor.

    Bit confused tbh.

  • dontboopthesnoot on 04/07/2022 - 15:58

    You better lawyer up a$$hole, because I'm not coming back for 30%, I'm coming back for EVERYTHING.

  • Daniel Plainview on 05/07/2022 - 08:45

    OP, I understand you might come to OzB to save a few $$$ on a mobile phone or batteries but do you really think it's going to save you money on legal advice?

    If your neighbour has lawyer'd up I'd strongly suggest you atleast consult with one as well - unless you know the Dividing Fences Act well enough to be 100% certain you're in the right.

  • Vote for Pedro on 06/07/2022 - 11:29

    So. Did you lodge or just bluffed?

    • easoweno on 06/07/2022 - 17:47

      Lodged! Will get a hearing date within 21 days the front desk said, happy with that.

  • Qroozn on 22/03/2023 - 23:35

    Update please @op???

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