Agnes and Ecstasy – vol XVIV

April 2007

We had such a smashing time at Shutters on the Beach (Agnes Water mini-resort accommodation) this Christmas that I thought it was time to share with you the amazing adventure.

It was late one warm sunny afternoon when we drove up to a pair of innocent looking electric gates manning the Shutters on the Beach entry. At this point we had no idea they were actually two of the heads of a car eating Cerberus waiting for fresh metal! Ours!

So, being invited guests of some folk holidaying there at my recommendation, we proceeded forward as the gates opened in response to the remote control operated by our host.

Suddenly, and without any offense being offered by us, both Heads of electric gates crashed, with loud gnashing of teeth, into my vehicle - a ghastly sound let me tell you. The operator quickly responded and the gates released their prey so we moved forward again. Again, crash bang scrap down the sides and we halted. I tried to prise the car free but those jaws could not be budged by any mere mortal.

On the third try, we escaped further mangling and came to an immediate stop out of reach of any further attack. Damage was inspected by all including the owner manager of Shutters on the Beach, whose name did not turn out to be Hades, and it was agreed we would obtain quotes for him and resolve matters after Christmas. All amicable and what you would expect from folk who don't swing from trees in these days of public liability insurance and common decency.

By mid-January, we had the two quotes so my husband took them around to the owner-manager as discussed. And from that moment on you will just have to believe me, or else go read the court judgment handed down in the Bundaberg Small Claims Tribunal cos it is almost surreal what followed.

Owner-Manager of Shutters on the Beach asked my husband how much the quotes were for and when told, said:

• he would not accept the quotes,
• wasn't sure the accident happened on his premises,
• it was the remote control operator's fault,
• we were all 'tanked' at the time (me, Tom and my 15 yo step-daughter Cloe) and
• he would pay us the amount of our excess if we claimed on our vehicle insurance policy

Reasoning was to no avail so eventually we had Ken Martin, a good commonsense solicitor, write to the Body Corporate of Shutters on the Beach, pointing out in easy language that it was their legal responsibility to pay. That got a response, but a doozie of a one. From their insurance company, we were told basically to go away and not annoy the grown ups and if we didn't, Cerberus would seem like a playful puppy.

By this stage, I was thinking "BRING IT ON!" But we tried one last time to amicably resolve the issue accepting that we would be out of pocket a couple of hundred dollars through no fault of our own. No joy, of course.

So off we go to the Court House and lodge our claim for the Small Claims Tribunal for excess of $5,000 and attach all the evidence, statutory declarations, quotes, photos, copies of emails and statements. Too thick to take a staple and the Clerk assures me they have never had a claim quite like this before.

Time passes and nothing is heard from the Defendant. So we must to go to Court to receive justice. I call Rumpole but he is no longer at the Old Bailey so I dig out my least moth eaten legal gown and my lucky shoes. The Big Day comes when our claim will be heard by His Honour at the Court House. The Defendant is a no-show.

With law books under arm and straightening my horsehair wig, I am ushered into a huge room and told to sit behind a podium with microphones; far in the distance way above my head, sits His Honour. The waiting rooms are full and he has a busy day but thankfully he has 100% comprehension, is able to grasp the facts regardless of how I mangled delivery of them and the law books remain unopened. Open and shut case, full amount awarded to us with no time to pay - and cheque from the insurance company did indeed land in our mail box this week. Justice prevails.

Shutters on the Beach is great accommodation - but beware those gate-keeper's teeth!