@kaindub said:
Remember that any outstanding amount owed to the OC, whether real or otherwise and not paid by you makes you non financial.
I am really not sure if this is the case. If the OC can’t recover damages under the SSMA, then surely it can’t charge for those repairs as a contribution. And the Act specifies that it’s unpaid contributions that render owners “unfinancial”. Relates expenses, such as penalty interest and NCAT authorised fines would, I believe, count as unpaid contributions.
But unproven damage claims?
In any case, the $500 claim seems arbitrary – more like a fine than an expense. The OC should have receipts to show what work was done and how much it cost.
In the first instance they should calm that against their insurance (and you can get NCAT orders compelling them to do so), then they should claim any excess against VLS, who should pass that on to the removalists.
If the removalists refuse to pay, they should be warned that they could end up on a blacklist. But the sensible thing for them to do would be to claim it against their insurance and this shouldn’t cost VLS a cent.