NSW Does legislation provide a due date to pay NCAT costs order?

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TBP

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11 August 2021
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Early 2023 we succesfully obtained a costs order for a fixed amount against the respondent. Because there is no due date for payment the respondent claims they haven't breached the orders so will pay when they are good and ready. The respondent has another unpaid costs order from another person from 2017 but which also doesn't have a due date.

Does NCAT legislation provide an inbuilt due date like 28 days?
 

Rod

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27 May 2014
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I'm not in NSW.

In Vic you have to allow 14 days for the person to appeal the decision. In NSW it might be 28 days. If the person is aware of the NCAT order, and it looks like they are, the person has lost the opportunity to appeal an order made in 2023.

Call or write to NCAT requesting a ‘certified money order’. This is a signed and sealed copy of NCAT’s orders for the payment of money.

Then depending on the amount register it at the Local court or District Court. You then seek enforcement of the order at court.
 
Last edited:

Rod

Lawyer
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27 May 2014
7,820
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2,894
www.hutchinsonlegal.com.au
respondent claims they haven't breached the orders so will pay when they are good and ready.
Take your pick of the following, and send an email saying something like:

OK, see you court and you can tell that to the Judge; or
LOL, good luck with that, see you in court; or
Your ignorance makes me smile, see you in court; or
I don't particularly care what you think, see you in court; or
I will take pleasure in seeing a court judgement against you, hope it destroys your credit rating; (note: Banks often require borrowers to disclose judgements against them as a term of the loan)
I will take great pleasure in hiring a lawyer so I can claim not just the amount owed to me, but also have you pay my legal fees, see you in court.
<pick your choice of epithet>, looks like you'll be paying my lawyer as well as me; or
etc.....