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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3456
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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A have been served a restriction notice to attend court in

Resolved Question:

A have been served a restriction notice to attend court in a few days.
The claimants harassment reason for the order is completely false and based on a letter hand delivered to home address (put in the letter box) to request payment for the loss or damage to a bicycle on an accident where the claimant was the driver. The letter request payment of replacement cost and advices failure to act will be a registration of a claim to the courts. Which has been done and hence trigger the restriction order.
The person has not admitted responsibility and negated claims through the insurance companies. The third party has settle out of court, but the driver that caused injury and property damage has refuse even premium cost from his insurance and instructed his insurance not process any claims, and now is taking a restriction order for harassment.
Is this view as a smoke screen?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.
Hello

This is a complete diversion to the claim to repair the bike.

I would attend court and argue that point as there is no basis for the restriction order at all.

I would also seek a cost order against them for wasting your time in court for such a frivolous and vexatious application.

Please accept.
Customer: replied 1 year ago.

Thats what I though, what specific advice for my court attendance before the magistrate?

Expert:  Daniel replied 1 year ago.
I would attend and advice the court that there is no grounds for such an order at all.

It was simply a letter of demand, nothing more.

Please accept
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3456
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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