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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I possessed an antique 16 carat blue cusion cut sapphire, 18

Customer Question

I possessed an antique 16 carat blue cusion cut sapphire, 18 carat gold ring. It was left to me by my grandmother who passed 12 weeks ago. I gave it to a local jeweller to be restored. After 8 weeks I became very suspicious and raised them with the jeweller. He gave me the restored ring free of charge having previously quoted ,462 dollars for the job. But the ring I received was a much smaller oval shaped synthetic stone and half of the gold was replaced with 9 carat gold plating. He showed me photos of the redtoration process but did not have a photo of the original ring before the stone was removed. I do not have papers as my grandmother was very old and lost them a long time ago. The jeweller explained the change in cut and size as being a result of the pollishing. I too have no photos of the oringinal ring as I was trusting. The jeweller is telling me that the ring was spinel and the onus is on me to prove otherwise. Is there anything I can do?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

I am sorry to hear.

Are there any photos from your grandmother wearing the ring?

You should contact the police and report this at the very least.

Customer: replied 1 year ago.
I have been threatened with a counter suit for slander if I take the case up with a solicitor. Will there be a similar result if I contact the police?
Expert:  Leon replied 1 year ago.

Going to a solicitor is not defamation

You have to see what you can find from your grandmother any photos etc.

If you can find something that show what the ring looked like this will assist.

Going to the police is not defamatory. But they will ask you if you have any evidence of the ring. Photos are your best options.

A Solicitor writing to him and asking him to return the ring is not defamatory. But spreading rumours that he is a theif may be if you cannot prove it.

Customer: replied 1 year ago.
I have no photos only witnesses who have seen the ring prior to being left with the jeweller
Expert:  Leon replied 1 year ago.

Are they prepared to give a detailed statement and support you in any court case as witnesses?

Customer: replied 1 year ago.
I am positive they would
Expert:  Leon replied 1 year ago.

If they can do that you get the statements then go to the police and report the theft