Re "If I was not in the position to make the choice on my own due to fainting and drifting off several times does this mean I could not have entered a contract and therefore no matter how, no contract exists"
That is correct, except for the bit "no matter what". The wrinkle is that you had the benefit of the contract (ie the transport to Flinders) and you may have entered into the contract anyway if you did have mental capacity.
That is why, in my opinion, the even more critical question
is "would you have entered into the contract anyway, if you did have mental capacity at the time"
If your answer is yes - then don't fight this and negotiate to pay SA Ambulance in installments - that is all they will be able to get out a Magistrate anyway and they know that.
If your answer is no , ie as I said earlier "no, I would got my friend to take me" ; or "I can't afford that - my condition isn't that bad" then I think you have a reasonable shot at arguing this in court.
Don't just wait for SA Ambulance to take it to court, because they will add interest, and you will have it hanging over your head for longer.
Re taking money out of your Commonwealth Centrelink pension, SA Ambulance can only apply to Centrelink to do this AFTER they have a Court judgment in their favour ; ie if they have won in court.
See ENFORCEMENT OF JUDGMENTS ACT 1991 (SA) - SECT 6
Garnishee orders http://www.austlii.edu.au/au/legis/sa/consol_act/eoja1991251/s6.html
and the corresponding
SOCIAL SECURITY ACT 1991 - SECT 1230
Debt from failure to comply with garnishee noticehttp://www.austlii.edu.au/au/legis/cth/consol_act/ssa1991186/s1230.html
Further, when making a compulsory garnishee order the State judge must consider three things :
(a) the judgment debtor's means of satisfying the judgment; and
(b) the necessary living expenses of the judgment debtor and his or her dependants; and
(c) other liabilities of the judgment debtor.
So, at the end of a very long court process and assuming that they win in court SA Ambulance will only be able to get their money in installments in amounts that won't send you broke. So they know they may as well negotiate.
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