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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 am filing a civil claim to my truck that was caused by a

Customer Question

I am filing a civil claim for damages to my truck that was caused by a person of middle eastern appearance the police officer charged him with I believe causing malicious damage to private property or criminal mischief he pleaded guilty. he was a mad man he threw large lumps of wood on the bonnet and dented it came down with a hammer and smashed all my side mirrors jumped into the cab and damaged the blinkers. This man thought the builder we were working for was the builders truck the builder put it close to where he was working. He threatened the builder words spoken to the effect " I am on a 6 months good behavior bond If I go to prison I will kill you and your family I know where you live. This type of threat is very common coming from middle eastern persons. The cost of mechanical repairs and replacement of parts was $ 391.98 lots time my worker was told by police to leave the site as this man is dangerous. Lost time worker had to leave site lost time $ 400.00 1 full day sourcing mirrors and fitting $ 800.00 1 day lost fitting new blinker and relay $ 800.00 total $ 2,391.98
I was in fear of being harmed so I could not complete the job my worker told me he was a raving lunatic even abusing the police. so the builder has not paid me some 3,740.00 can I also claim that amount and some damages and what type of damages if any.
Submitted: 7 months ago.
Category: Australia Law
Expert:  Leon replied 7 months ago.

Good Afternoon

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 advice but a guide to assist you.

Do you have a copy of the police report?

Have you reported the threats to the police?

Customer: replied 7 months ago.
I have the incident report the person pleaded guilty I am getting a copy of the court proceedings FOI. This person did not threaten me only the builder and has nothing to do with my case
Expert:  Leon replied 7 months ago.

Good Afternoon

The you have nothing to fear. You should take action and send your letter of demand.

If they then threaten you take out an AVO to make sure that they do not approach you and report this to the police.

You cannot let your fears of possible actions affect what you want to do.

Get the police report as evidence of their findings and then you can use this to sue for the costs of the repairs to your vehicle.

The process for suing them is set out in the following link

I hope this makes sense?

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