Jon:
Morris in Bacchus Marsh. You’ll be our last caller I suspect this morning; we’re running out of time. Good morning Morris.
Morris:
How are you going mate?
Jon:
Good, go ahead.
Morris:
A few years ago, a mate of mine said we could leave some farm machines on his property as long as we helped him around the farm with what he wanted to do.
DW:
Yes.
Morris:
So we did that, you know we slashed his property, we put a crop in for him, we bailed it. And then my young bloke bought some land and in connection he wanted to take his machinery off.
DW:
Yes.
Morris:
Take it up to his place and start using it.
DW:
Yes.
Morris:
Well that was alright and then the bloke I know said look I’d like you to leave the tractor and slasher here and my son said well how long for, he said about a month. Said yeah right-o, because he wanted to slash his property.
DW:
Yes.
Morris:
So after nine weeks we went out and said right we’re going to take the tractor and slasher and he said no, and he locked the gates and said I’ll call the police, and I said yeah right-o.
DW:
Morris, you have an action. What the law says is an action in detinue and it’s an action for recovery of specific items. It’s a proceeding you run in the Magistrates’ Court and it requires a formal demand before you sue. You have none of the personal property security issues that might otherwise arise appear from what you’ve told me. So that’s the process: Magistrates’ Court.
Jon:
How much is the equipment worth, Morris, if you were to buy it or sell it?
Morris:
What’s left down there might be worth $5,000 or something.
Jon:
So is it worth your while seeing a lawyer, getting a letter of demand it’s called, written to the property owner followed up if necessary by a summons to come to court to explain to the judge why they seem to think they can hold onto your stuff?
Morris:
I’d have to talk to a solicitor and see how much they charged.
DW:
I know; but why would you walk away from the equipment and $5,000?
Jon:
You can’t.
DW:
Go and have the discussion.
Morris:
Yes.
Jon:
And a lot of the time, David, these things will be resolved just with the shot across the bows that a bit of a letterhead provides showing that you’re taking this seriously enough to go and pay a lawyer to go and write the letter to get the ball rolling.
DW:
Yes.
Jon:
And hopefully that might work in your case too.
David, thank you we’ve got through lots of calls this morning. And of enormous variety, I look forward to seeing you at the same time next Tuesday.