We are going through warranty claim issue with air conditioning installer. NSW building Commission advice is to contact NCAT.
In a nutshell, the installed air conditioning is not working, and he is not coming to fix it.
Questions:
Anyone has recommendation for lawyer who specialise in NCAT and these kind of cases in Sydney?
How much does it typically cost?
I have a feeling, the installer is from the FB marketplace, otherwise it's a manufacturer issue.
Yes. Mitsubishi. They haven't been great.
They not doing much to help. Blaming on installer for warranty.
Yes installed by legal installer with licence number, etc.
So as per NSW fair trading, it's straightforward case for warranty. I haven't gone through NCAT before. So not sure better to be represented who specialises or it's designed for you to represent yourself
What do you think a lawyer would cost VS the cost of getting someone else in to fix it?
I assume op is hoping they have a clear open shut case and wants to get the installer to cough up for legal costs for both parties.
Yeah I guess that makes sense. I guess it also depends on what is wrong with the aircon. If it's a quick fix and someone will only charge a couple of hundred then it's probably still not worth it, but if we're talking a couple of thousand then it would be worth pursuing.
The thing is that NCAT (and the equivalent tribunals in other states) were intended to operate without legal representation. As such, self representation is encouraged and legal costs are not generally awarded. NCAT can award costs in special circumstances but OP should not count on it.
OP needs to keep their cool.
Found the installer.
…although without working air con may be difficult.
Anyone has recommendation for lawyer who specialise in NCAT and these kind of cases in Sydney?
At a guess, most barristers would be versed with NCAT as the legal system would not be too dissimilar from Courts. Eg. one needs to prove/demonstrate legal standing, breaches, etc. Picking the right barrister is a different story as it's unclear what the issue pertains to.
As to the issue you're trying to resolve, there's too little information to go off. Eg. is it an installation issue, or a warranty issue, what time frames, etc. It might be appropriate to get someone else in to come fix/assess it, and then they may be able to determine what the issue is. If it's say an installation issue, then at that point you may be able to seek costs back from the original installer.
You wouldn't want to be spending all this money on legal assistance to only find, for example, that the issue has nothing to do with the original installer.
Lawyering-up doesn't necessarily improve your chances of winning if you're completely wrong. Lawyers don't only pick winning cases - they still get paid if they lose.
Barristers are briefed by solicitors and the cost of the latter alone would already be disproportionate. No need to get counsel involved.
Some barristers can be briefed by the lay public but I doubt that many would be keen to do it.
I suspect there may be more to this story than being told? For example, what has the installer said as the reason for not fixing the problem?
I assume something like ‘I don’t wanna’- I also assume it’s possibly gone through something like a third party bidding for services site. But I guess we’ll never know as haven’t heard back from op.
What like who did OP buy the AC unit from and was the installer part of the initial purchase or was the installer a completely unrelated person/company to where the AC was purchased?
You want a Consumer Lawyer or Consumer Protection Lawyer.
It is not a particularly difficult area of law. However, you should also know that often costs are not awarded in consumer law cases. You should check that before engaging anyone.
https://ncat.nsw.gov.au/documents/guidelines/ccd_guideline_c…
Thanks. Yeah that's the advice given by NSW fair trading. I was seeing if there are lawyers who specialise in navigating through these.
There are. A general price is $450 p/h though.
Most lawyers would charge you $440/hour so even a simple letter of demand would cost around $880 to $1320. What's the value of the dispute? Is it worth even taking formal action?
Thanks. Useful info. Value is 11,000+.
Most lawyers would charge you $440/hour
So $3,520 per day, $17,600 per 5 day week ?
You can't really bill at 100% efficiency as some work is unbillable and you have to do admin work
Personally if I bill 25-30 hours a week ($12-13k) I view that as a good week
and you have to do admin work
Don't they have admin assistants for that?
@jv: There's always admin work, like routine emails and other things
Do you think a plumber charges 40 hours a week? No, he spends time on the telephone, giving out quotes, etc
specialise in NCAT and these kind of cases
Just provide full details here and you'll get plenty of expert advice 👍
You do not need any lawyer, OzBners are expert on every each and any thing.
You do not need any lawyer, OzBners are expert
Can be both…
OP are you American? Why do you need a lawyer for NCAT?
Have you gone through NCAT process? Can you share the experience on what to expect?
The whole process is laid out for you. https://ncat.nsw.gov.au/how-ncat-works.html
Can you share the experience on what to expect?
Find out what to expect when you attend your NCAT hearing.
This might be helpful. Consumer claims
Thanks
Sounds like OP has not consulted the google private investigation feature for info before asking for lawyers on a bargain site for use at NCAT that is not designed for lawyers.
Or……
Unfortunately as usual some of the "advice tribe" here got in with the comments before someone gave some worthwhile help
Just so you're aware… NCAT is largely a no cost jurisdiction (i.e. you wont be awarded your legal costs) except in certain special circumstances which it is likely this case wont meet the threshold for.
i know you shouldnt have to, but have you contacted the manufacturer?
if you know who the installer bought it through (like an electrical wholesaler, you may be able to ask for an area rep, which contacting them might be easier than going through generic contact channels)
some brands have their own techs / subbies that can come out at no cost to owner to suss / remedy the issue - that is, assuming its been legally installed by a qualified installer.