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 Concreter given four weeks to pay over disputed drive 

Concreter given four weeks to pay over disputed drive

29 May, 2002 08:13 AM

A CONCRETER has been given four weeks to pay more than $3500 in compensation to a Braemar couple over a disputed driveway.

Hero Visser paid more than $8000 to Tallong-based Norman Aupouri two years ago to lay a new concrete drive and patio at the front and rear of his Biggera Street home.

But his plans of completing his dream home soon turned sour when he claims the seal on his newly laid concrete starting peeling away a few months later.

Mr Visser, who emigrated from Holland 40 years ago, says he has now been left with a patchy coloured driveway with a number of hairline cracks.

Despite the fact the Office of Fair Trading has decided in his favour at three previous court hearings, Mr Aupouri has failed to pay the previously awarded compensation of $1500 to Mr Visser.

The pair were due to clash at Bowral Local Court for the fourth time yesterday but Mr Aupouri failed to turn up.

In his absence, presiding member William Mallam from the Consumer, Trader and Tenancy Tribunal accepted a revised quotation for the repairs from Mr Visser for $3690.

In giving his evidence, Mr Visser said Mr Aupouri had given him a guarantee that the repairs would be done before Christmas but failed to keep his word.

"Every time I contact him I get a different answer," said Mr Visser.

"The first time he said he never received the papers through the post and this time I told him he had to be in court on the 28th before he hesitated and said he was away in New Zealand.

"What is the chance of me ever getting that money as this is getting very frustrating," he told the hearing.

Satisfied that Mr Aupouri had been notified of the hearing, Mr Mallam had no hesitation in granting a further order.

"I will make the order payable by one calendar month, but if on June 29 you haven't received the money, you can ring the registrar and ask for enforcement papers," he said.

"The Sheriff will then enforce the order.

Mr Mallam added that further options included the possible seizing of property and an examination summons of Mr Aupouri's finances, which could lead to him physically being brought before a court.

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