We would like to sue Court body Corp $100,000 of income and…

Thank you

Hello. It's Kylie again. I didn't refuse to respond to your email. I have been in a Supreme Court matter all of this week. I cannot guarantee when I will be back to the computer often as I have other commitments. I guess you have no guarantee that you will not get the same approach but I need to be compensated for my time, otherwise it's better for me to spend time on my clients in other matters that are paying me. I have to pay professional indemnity insurance and rent as you can imagine, so making money for my time is key. All I can promise you is to take complete care in providing advice to you.

Hi Dave. With the greatest of respect to you, I don't think Leon has given you the run around. Leon is advising on what he knows of the law. Oftentimes when people have to sue, they have to pay themselves for the litigation. The only time you don't pay ahead for your litigation is when an insurer is bound to pay for your legal costs in the end. That only happens in personal injury cases and workers compensation claims or other negligence claims where an insurer is likely to pay. You can't expect lawyers to run litigation for you when there's no certainty of payment. The only way to make a body corporate do something that they refuse to do is to sue. I think some disrespect has been directed at Leon, which is unfounded. Kylie

Hello

I don't seem to have been paid for this even though you've accepted my offer. I'm asking JustAnswer what the problem is before continuing.

I'll be back to you as soon as that is sorted out.

Kylie

Hi Dave. I've now read everything that has gone on between you and Leon on this page. It seems you are concerned with having to pay for the cost of litigation. You will find that you need to shop around for solicitors who do your litigation on a no win- no - pay basis. The Law Society of Queensland may help you find such a lawyer but be aware that you may need to wear the cost of the initial report from a valuer or real estate agent concerning the loss in value you have suffered. Sometimes Lawyers who do no win no pay work want you to pay for such a report and also a barrister's advice before they will get litigation funding for the litigation. Or another option is that you seek for pro bono assistance through a large law firm. You must meet the large law firm's criteria for assistance in this way which is often based on financial need or severe illness. The Queensland Law Society can point you to pro bono lawyers. Another option is Legal Aid but you must meet the assets test. Call the Legal Aid office in your state and fill out an application form for this. I hope that has helped you today. If you want more help putting it together yourself through JustAnswer, we can do that but we just need to have a phone call and further Q&A and additional services. By the way, Leon is saying you absolutely have a claim against the body corporate but you just need to get the evidence to back it up. I agree with him. You'll need that for the litigation. Has that helped?

Dear *****

Please don't get me wrong, I want to be helpful to you, but what you are saying is not very fair. If you read back over what I have actually promised, on 29 October 2015 at 5.20pm was the only promise that I made and that was to help you. I have helped you significantly already by reading through and understanding your problem and recommending to you a way to go about the litigation for little or no upfront cost. What I have also done for you is confirm Leon's opinion after re-reading all of your comments and provide you with a way forward. If you want an advice on the prospects of your success that will take at least 2 hours work and I charge $350 plus GST per hour for my time and it costs me $25 to retrieve the cases that are clearly on point. So, yes, I am prepared to give you an advice on prospects, but no the fee you have paid doesn't cover it and yes I can offer you a further service to take it to that level. I estimate 2 hours of my time plus $25 for the research to be paid for. If you got a barrister to do the advice on prospects for you it would cost you far more. If you open another question and allow me to make the offer, you can pay for it through there. Kylie

You are being completely unreasonable. I am going to opt out.

Hello.

You already know what the plan of action is.

The plan of action is for you to contact a licensed builder and to get them to prepare a report stating what repairs need to be done and how much it would cost. You then need to get a valuer or real estate agent to prepare a report stating that if those repairs were done, you would be able to fetch a higher price in the market and what that price is.

Then once you have done that, you can instruct a solicitor to commence legal proceedings based on that.

As to the preparation of legal Australian cases in relation to this topic, I have already quoted you the price of me doing that work. It takes me time and my expertise to review case law and to consider it in light of your fact situation. I'm not prepared to do it without the fee, the earlier fee paid was to read all the backlog of what had gone on between you and Leon beforehand so that I could advise whether his solution was the correct one. I have done that.

Hello. It appears you are not satisfied with our communications. I am going to opt out to allow another Expert to help you so that you can get the best service possible. Best wishes.