1

6/6/2024
Form 8 Counterclaim attachment
Carnarvon Magistrate Court
CTC 74/2023
Claimant Exmouth Service Centre
Defendant Alia Alkaisi
______________________________________________________________
Particulars of the Defence and Counterclaim
The claimant did not provide an acceptable level of skill or technical knowledge when providing the service. I took
my boat in because I had a problem with the carburettors. They told me that once the mechanic diagnoses the
problem, they will message me and ask for consent.

The claimant told me my engine was misfiring and it needed a carby clean.

This was untrue,. They misdiagnosed the problem with my engine and then couldn't fix it.

I rang them daily to begin with asking when my boat will be ready. Each day, they had a different excuse. After the
9th day, they finally told me they didn't know what the problem was, and they didn't have time to fix it.

The claimant told me to come pick up the boat up, as is, and pay the invoice. I asked him to please fix the motor, and
he said no.

I then stated that I wasn't paying if I am forced to take my boat back without fixing the problem. Oat in with a
problem and then having to take my boat back with the same problem. He told me that I had to pay and he wasn't
doing anything more on my boat. When I arrived, my boat was chained behind a 1000L water tank so that I could
not take it. I asked the claimant to turn the motor on, it sounded 10x worse then when I brought it in.

I tried to reason with the claimant, but he yelled at me and told me to leave the premises before he charged me with
trespassing. When I saw the invoice, I saw they didn't even finish the service.

The invoice states "partial service." The claimant has stated that they spent a total of 7.28 hours in labour, and " it
typically takes 3 hours to service a motor the same size." They had my boat for 12 days and I had to pay another
mechanic to fix my motor and tune my carburetors. He tuned the carbys within 15 minutes. I tried to reason with the
claimant again, but he wouldn't budge. I contacted the police and consumer protection to ask for my legal rights.
They informed me that what he has done is against consumer law. He can not charge for an incomplete and
unsatisfactory service. They informed me I would be entitled to compensation and repair costs. The claimant had a
duty of care and standard to uphold, and neither were provided.

Particulars of the defence:

Claimant did not have the level of skill required and needed to diagnose a basic engine fault and/or complete a
service on my outboard motor.

The claimant misdiagnosed and could not fix the problem. I am not entitled to pay for his mistake

Claimant failed to complete a basic motor service. I am not entitled to pay for an incomplete service.

Alia Alkaisi 06/06/2024

2

Claimant either didn’t do or incorrectly performed a compression test on cylinders.

He states the compression test on my cylinders were 75 psi.

If that were true and/or accurate, it would mean my engine was completely broken and the cylinders and pistons on
my motor would need rebuilding.

Why would the Service Centre send me a text stating they had diagnosed the problem as “engine misfiring and state
that cleaning the carburettors and servicing my motor will fix the problem?

Nothing the claimant has stated or claimed is true, there is not one factual statement within this case. He has
blatantly lied and accused me of saying things which couldn’t be further from the truth, I was asking the

For example he claims that” I used my engine for parts”

“ I didn’t want to pay for repairs and parts”

“I didn’t want to wait for parts to arrive”

The claimant claims and states in one email to Westpac “that he purchased parts for my motor but I didn’t want to
wait for them for them to arrive. He then tells Westpac that “I owe him “for the parts he purchased

He then states that my motor was” too old and he couldn’t get parts for my motor, that’s why he couldn’t do the full
service”

The claimant refused to fix the problem with my motor. Therefore,

I am entitled to pay another mechanic to fix and recover the costs from the claimant

Claimant couldn’t complete a basic motor service within 11 days.

Claimant unlawfully withheld my boat and coerced me into paying $955 for unsatisfactory and incomplete service

The claimant refused the amount of $400 I generously offered to pay

The defendant contacted consumer protection to sort the problem, but the claimant refused.

Defendant had to pay another mechanic to diagnose and fix my motor (he tuned the carburettors within 15 mins and
diagnosed the broken oil pump

I couldn’t use my boat for 6 weeks because of the claimant

The claimant took advantage and caused extreme stress and pain.

The claimant doesn’t state the truth and needs to be held liable for the damage he has caused and time he has wasted

I have attached all relevant evidence to show the Defendants claims have no merit as he doesn’t tell the truth.

The legal basis of the defence

The Legal basis of the Counterclaim

According to Australian Consumer Law,

the repairs must be done, within a reasonable time.

If not, the consumer can request a free Replacement or refund or

Alia Alkaisi 06/06/2024

3

Repair elsewhere and recover the costs from the supplier.

The consumer may also recover damages for any Loss or damage.

Services will

*Be provided with due care, skill and technical knowledge

* Be fit for any disclosed purpose;

*Be completed (or provided) within a reasonable time; and

*Take all necessary care to avoid loss or damage

If these guarantees are not met or something goes wrong, you may be entitled to a remedy under ACL

Compensation for consequential loss

Financial costs

Lost time and productivity costs

Compensation for Misleading Conduct

ACT Part 4-1 — Offences relating to unfair practices Division 1 —

False or misleading representations etc Division 5 —

Other unfair practices

section 168.

Harassment and coercion

I am able to recover the repair costs and parts I paid the third-party mechanics to fix and repair my motor.

Claimant couldn’t complete and refused to complete a basic motor service and tune the Carby's within 11 days.

Could not correctly Diagnose and fix a minor engine fault within 12 days.

Claimant unlawfully withheld my boat and coerced me into paying $955 for unsatisfactory and incomplete service

The Claimant refused the amount of $400 I generously offered to pay.

The Defendant contacted Consumer Protection to try and sort the problem with the Claimant to avoid wasting time
in Court. The Claimant refused to negotiate and compromise, therefor I would like to recover costs for the valuable
time it took preparing and lodging documents as well as the time I have spent in Court rather then at work.

The claimant took advantage and caused extreme stress.

I am able to recover damages and compensation costs due to Consumer protection laws and Practices

The claimant doesn’t state the truth and needs to be held liable for the damage he has caused and time he has wasted

I have and can produce all relevant evidence to support my defence and prove the Defendants claims have no merit.

The details of anyone who the party alleges is liable for the Counter claim and the grounds upon which the party so
alleges:

The claimant did not provide an acceptable level of skill or technical knowledge when providing the service.

Alia Alkaisi 06/06/2024

4

The claimant failed to meet any requirements of the Australian Consumer law, therefore he is liable to pay repair,
loss and damage costs as well as compensation.

Completely misdiagnosed the problem and told me cleaning the carburettors would fix the problem.

Claims that a carby clean will fix my engine misfiring

I am not required to pay for the claimants' lack of knowledge and professional skill.

Especially after he told me he didn't know what the problem was and couldn't fix it.

The claimant told me on the 10th day he didn't have time to fix the motor and that I need to pay the invoice and pick
the boat up.

I asked him to please fix my boat before I pick it up. I gave him ample time to fix his mistakes and complete the
services.

The invoice states "partial service completed- customer requested to take before able to complete”

The claimant has stated that they spent a total of 7.28 hours in labour, and " it typically takes 3 hours to service a
motor the same size." 3 hours for carby clean, 4.5 hours charged for incomplete service 12 days later...

States “usually during a normal service” “anodes, impeller and thermostat gets changed”

what service did I receive? If it wasn’t normal and why did I pay $425?

They had my boat for 12 days and still didn't complete the service or fix the problem that I specifically wanted done
and the reason I took it in. He refused to fix the problem and made me come and collect the boat.

Damaged my engine in the process

The claimant must reimburse the additional costs I paid for parts I purchased and the third party mechanics as he
refused to fix the problem or complete the service.

Pay damages and compensation for loss

The claimant had my boat for 12 days and didn't achieve anything that was at a satisfactory standard.

I had to pay another mechanic who diagnosed the fault within 5 minutes. He unlinked the link arm and fixed my
carburettors by tuning them within 15 minutes.

I was able to use my boat as normal until the new oil pump arrived.

I spent roughly $2000 on parts and labour when the other Mechanic installed the new oil pump, arm link and
serviced my motor..

If the claimant can not perform basic mechanical repairs and service after 12 days he should not be allowed to
operate as a licensed servicer.

The claimant has a duty of care, which was not provided. I am entitled to and would like to be recover the costs I
had to pay the mechanics who actually diagnosed and rectified the engine problems.

Attempts to Resolve the Dispute

From the inception of this case, I have made numerous attempts to negotiate with the claimant to avoid going
through the long Court process.

Alia Alkaisi 06/06/2024

5

These attempts included multiple written communications, Offers to compromise, Third party Mediators and the text
message offering $400 asking the claimant to compromise and settle.

Evidence of these attempts, including text messages, Emails, Phone logs along with documented phone
conversations, which have been provided to the court.

Lack of Cooperation from the Claimant

Despite my ongoing efforts, the claimant has demonstrated a persistent unwillingness to engage in meaningful
negotiations or to compromise in any form.

The claimant has also failed to provide any substantive evidence to support his claims or to justify the continuation
of this legal action.

Provision of Evidence

I have consistently provided evidence supporting my position and documenting my attempts to resolve the dispute.

This includes evidence of a offer made, communications sent, and steps taken to address the claimant’s concerns. In
contrast, the claimant has not provided any factual evidence or documentation to substantiate his claims against me.
I have evidence that proves the claimant is not to be trusted.

Misdiagnosis and Failure to Complete Services

The claimant misdiagnosed the problem with my boat's engine and held my boat for 12 days without being able to
identify or fix the issue.

Despite claiming that a simple service on the motor typically takes three hours, the claimant did not complete the
service and subsequently refused to fix the motor.

He demanded that I pick up my boat in its unrepaired state and pay $955.

The claimant’s actions are inconsistent with the standards of service provision mandated by Australian Consumer
Law, which requires that services be provided with due care, skill, and within a reasonable time

Unlawful Detention of Property

The Claimant unlawfully detained my boat by chaining it to a 100L water tank and refused to release it until I paid
the demanded amount.

This coercive action was taken without just cause and constitutes an unlawful exercise of lien.

The claimant also refused to turn the motor on, claiming it was broken, which further demonstrates his failure to
provide the agreed-upon service.

Misuse of the Court System

The claimant's persistent refusal to negotiate and lack of evidence constitute an abuse of the court process.

Courts have inherent jurisdiction to prevent their processes from being misused, including the power to dismiss
frivolous or vexatious claims.

The claimant’s actions have caused unnecessary delays and wasted judicial resources, which the court should
consider in its determination.

Australian Consumer Law (ACL)

Alia Alkaisi 06/06/2024

6

Violations According to the ACL, repairs must be completed within a reasonable time. If not, consumers are entitled
to a replacement, refund, or to have the repairs done elsewhere and recover the costs from the supplier.

Consumers can also recover damages for any loss or damage.

Services provided must adhere to standards of due care, skill, and technical knowledge, be fit for any disclosed
purpose, completed within a reasonable time, and take all necessary care to avoid loss or damage.

The claimant’s actions and demands have not complied with these legal requirements, and his failure to provide
evidence or engage in a resolution process further demonstrates his disregard for these legal standards.

Relief Sought

Respectfully I request that the court: Expedite the resolution of this trial to prevent further unnecessary strain on my
time and resources.

Order the claimant to pay maximum costs and compensation for the undue hardship, time, and resources expended
as a result of his actions.

Use this case as an example to deter similar misuse of the court system, ensuring that such disrespect and mockery
of the civil courts are not tolerated.

Summary of the Material Facts Relevant to the Defence

Initiation and Duration of the Case: The claimant initiated legal proceedings against me almost three years ago,
which have since been ongoing without resolution.

Attempts to Resolve the Dispute:

Prior and Throughout this period, I have made numerous attempts to liaise with the claimant to reach an amicable
resolution and to avoid Court.

These attempts included multiple written communications, offers to compromise, and the presentation of various
settlement proposals.

Claimants Lack of Cooperation: Despite my ongoing efforts, the claimant has consistently refused to negotiate or
compromise, demonstrating a clear unwillingness to settle the matter outside of court.

Provision of Evidence: I have provided substantial evidence documenting my attempts to resolve the dispute and
my compliance with all procedural requirements.

This evidence has been submitted to the court on multiple occasions.

Claimant's Failure to Provide Consistent Evidence:

The claimant has not only failed to present any substantive evidence to support his claims but has also provided
multiple contradictory statements and Evidence.

His story and facts have changed several times, undermining the credibility of his allegations and demonstrating an
apparent intent to prolong the litigation unnecessarily.

Misdiagnosis and Failure to Complete Services:

The claimant misdiagnosed the problem with my boat’s engine and then retained possession of my boat for 12 days
without being able to identify or to fix the issue.

Alia Alkaisi 06/06/2024

7

Despite stating that a simple service on the motor typically takes three hours, the claimant did not complete the
service and subsequently refused to fix the motor. Instead, he demanded that I pick up my boat in its unrepaired state
and pay $955.

Unlawful Detention of Property:

The claimant unlawfully detained my boat by chaining it to a 100L water tank and refused to release it until I paid
the demanded amount.

He also refused to turn the motor on, claiming it was broken.

Impact on the Defendant:

The ongoing nature of this case has caused significant disruption to my life, requiring extensive time and resources
to prepare legal documents, attend court sessions, and research relevant information.

This has resulted in undue hardship and strain on my personal and professional life.

Australian Consumer Law Context: According to Australian Consumer Law, repairs must be completed within a
reasonable time, and consumers are entitled to remedies such as a replacement, refund, or the right to have repairs
done elsewhere and recover costs.

Additionally, consumers can recover damages for any loss or damage. These laws also mandate that services be
provided with due care, skill, and within a reasonable time.

Claimants Misuse of the Court System:

The claimant’s persistent refusal to resolve the dispute and lack of evidence constitute a misuse of the court system,
effectively mocking the civil justice process.

This has resulted in unnecessary delays and additional costs.

Request for Resolution and Compensation: Given these circumstances, I seek an expedited resolution of this case
and compensation for the undue time, effort, and resources expended due to the claimant’s actions.

The claimant should be ordered to pay maximum costs and compensation to deter similar misuse of the court system
in the future.

Legal Basis of the Defence and Counterclaim Defence

Lack of Evidence from the Claimant:

The claimant has failed to provide any substantive evidence to support his claims against me.

Under the principles of civil procedure, the burden of proof lies with the claimant to substantiate his allegations
with credible evidence.

The claimant’s inability to present factual evidence undermines the validity of his claims and demonstrates that the
case lacks merit

Efforts to Resolve the Dispute:

I have consistently acted in good faith by attempting to resolve the dispute amicably through multiple offers of
compromise and settlement. These efforts are documented and have been submitted as evidence to the court. Under
common law principles, good faith efforts to settle disputes are taken into account by the court. The claimant’s
refusal to engage in negotiations shows a disregard for these principles.

Alia Alkaisi 06/06/2024

8

Claimant's Misdiagnosis and Failure to Provide Services:

claimant misdiagnosed the problem with my boat's engine and held my boat for 12 days without being able to
identify or fix the issue.

Despite claiming that a simple service on the motor typically takes three hours, the claimant did not complete the
service and subsequently refused to fix the motor. He demanded that I pick up my boat in its unrepaired state and
pay $955.

The claimant’s actions are inconsistent with the standards of service provision mandated by Australian Consumer
Law, which requires that services be provided with due care, skill, and within a reasonable time.

Unlawful Detention of Property:

The claimant unlawfully detained my boat by chaining it to a 100L water tank and refused to release it until I paid
the demanded amount.

This coercive action was taken without just cause and constitutes an unlawful exercise of lien.

The claimant also refused to turn the motor on, falsely claiming it was broken, which further demonstrates his
failure to provide the agreed-upon service.

Misuse of the Court System:

The claimant's persistent refusal to negotiate and lack of evidence constitute an abuse of the court process. Courts
have inherent jurisdiction to prevent their processes from being misused, including the power to dismiss frivolous or
vexatious claims.

The claimant’s actions have caused unnecessary delays and wasted judicial resources, which the court should
consider in its determination.

Contradictory Evidence and Changing Story:

The claimant has provided multiple contradictory statements throughout the course of this case.

His story has changed several times, which undermines the credibility of his allegations and demonstrates a lack of
consistent and reliable evidence.

The claimant's changing narrative further highlights his intent to misuse the court system and prolong the litigation
without merit.

False and Defamatory Statements: The claimant has falsely accused me of being verbally aggressive, and verbally
and almost physically abusive. These accusations are untrue and defamatory, intended to damage my reputation
without any basis in fact.

Additionally, the claimant has contradicted himself by stating that I refused to attend the workshop, which is
inconsistent with his other claims and further undermines his credibility.

Australian Consumer Law (ACL) Violations:

According to the ACL, repairs must be completed within a reasonable time. If not, consumers are entitled to a
replacement, refund, or to have the repairs done elsewhere and recover the costs from the supplier. Consumers can
also recover damages for any loss or damage.

Services provided must adhere to standards of due care, skill, and technical knowledge, be fit for any disclosed
purpose, completed within a reasonable time, and take all necessary care to avoid loss or damage.

Alia Alkaisi 06/06/2024

9

The claimant’s actions and demands have not complied with these legal requirements, and his failure to provide
evidence or engage in a resolution process further demonstrates his disregard for these legal standards.

Counterclaim:

Compensation for Time and Resources Expended:

Under Australian Consumer Law, consumers are entitled to recover damages for any loss or damage caused by the
supplier's failure to meet statutory guarantees. The claimant's actions have caused significant loss and damage to me
in the form of time, resources, and stress.

I seek compensation for the undue time and effort expended in responding to this baseless claim, including the costs
of legal fees, document preparation, and court appearances.

b.. Deterrence Against Abuse of Legal Process:

The court has the authority to impose costs and other sanctions to deter parties from abusing the legal process. Given
the claimant’s repeated and intentional misuse of the court system, it is appropriate to award maximum costs and
compensation to discourage such behavior in the future.

This case should serve as an example to others that frivolous and vexatious litigation will not be tolerated and will
have financial consequences.

c. Relief from Defamatory Statements:

I seek damages for the false and defamatory statements made by the claimant, which have harmed my reputation and
caused personal distress. The claimant's unfounded accusations of verbal and almost physical abuse are particularly
damaging and should be addressed by the court.

The claimant’s contradictory statements about my refusal to attend the workshop further illustrate his unreliable and
defamatory behavior.

d. Request for Expedited Resolution:

I request that the court expedite the resolution of this matter to prevent further unnecessary strain on my personal
and professional life. This is in line with the principles of justice and efficiency in the judicial process.

Details of Parties Alleged to be Liable for the Counterclaim and the Grounds Upon Which the Allegations Are
Based

Claimant: Kimberly Watts

Grounds for Allegation:

Misdiagnosis and Incomplete Service: The claimant misdiagnosed the problem with the engine of my boat and
retained possession of the boat for 12 days without identifying or fixing the issue. Despite stating that a simple
service typically takes three hours, the claimant did not complete the service and refused to fix the motor, instead
demanding $955 for the uncompleted service.

Unlawful Detention of Property: The claimant unlawfully detained my boat by chaining it to a 100L water tank
and refusing to release it until payment was made. This act of coercion constitutes an unlawful exercise of lien.

False and Defamatory Statements: The claimant made untrue and defamatory statements, accusing me of being
verbally aggressive and almost physically abusive. These false accusations were intended to damage my reputation
and are without any factual basis.

Alia Alkaisi 06/06/2024

10

Failure to Provide Consistent Evidence: The claimant has presented multiple contradictory statements and
changed his story several times, undermining the credibility of his claims and demonstrating an intent to misuse the
court system.

Violation of Australian Consumer Law (ACL): The claimant’s actions violate ACL provisions, which mandate
that services be provided with due care, skill, and within a reasonable time. The claimant’s failure to meet these
standards entitles me to remedies including compensation for losses and damages incurred.

Exmouth Service and Towing Centre:

Exmouth Repco

Grounds for Allegation:

Vicarious Liability: The business, as the employer or principal, is vicariously liable for the actions of the claimant
(assuming the claimant is an employee or representative). The business is responsible for ensuring that its employees
provide services with due care and skill, comply with ACL requirements, and refrain from making defamatory
statements.

Failure to Provide Adequate Training and Supervision:

The business failed to ensure that the claimant had the necessary training and supervision to properly diagnose and
repair my boat’s engine. This failure contributed to the misdiagnosis, incomplete service, and subsequent unlawful
detention of my property.

Negligence in Business Practices: The business’s negligence in its practices and procedures led to the claimant’s
actions that caused me financial loss, emotional distress, and damage to my reputation. As such, the business shares
liability for the damages I am claiming.

Remedy SoughtDismissal of the Claim:I

Respectfully request that the court dismiss the claimant’s allegations in their entirety due to the lack of substantive
evidence, contradictory statements, and failure to meet the required standards of service as mandated by Australian
Consumer Law (ACL).

Compensation for Financial Losses:

I seek compensation for the financial losses incurred as a result of the claimant’s actions, including but not limited
to:The $955 demanded for incomplete and ineffective services. Costs associated with retrieving my boat and having
the necessary repairs completed elsewhere.

Damages for Emotional Distress and Defamation:I seek damages for the emotional distress caused by the
claimant’s false and defamatory statements, which accused me of being verbally aggressive and almost physically
abusive. These defamatory statements have caused significant harm to my reputation and personal wellbeing.

Compensation for Time and Resources Expended:I seek compensation for the undue time, effort, and resources
expended in preparing for this case, including:Legal fees.Time spent preparing documents, attending court, and
researching relevant information.Any additional costs directly related to defending against the claimant’s baseless
allegations.

Order for Expedited Resolution: I request that the court expedite the resolution of this case to prevent further
unnecessary strain on my personal and professional life, ensuring that justice is served in a timely manner.

Alia Alkaisi 06/06/2024

11

Deterrence Against Abuse of Legal Process: I request that the court order the claimant to pay maximum costs and
compensation as a deterrent against future misuse of the court system, demonstrating that frivolous and vexatious
litigation will not be tolerated.

Grounds for Remedies: Failure to Provide Services with Due Care and Skill: As per ACL, the claimant failed to
perform the agreed-upon services with due care and skill, leading to financial loss and additional repair costs.

Unlawful Detention of Property: The claimant unlawfully detained my boat, causing further inconvenience and
financial burden.

Defamatory Statements: The claimant’s false and defamatory statements have caused significant emotional
distress and damage to my reputation.

Good Faith Efforts to Resolve the Dispute: Despite my numerous attempts to resolve the matter amicably, the
claimant’s refusal to negotiate has prolonged the dispute unnecessarily, justifying compensation for the time and
resources I have expended.

Alia Alkaisi 06/06/2024