Defending a commercial claim

Date: May 15, 2008

Authors: LAC Lawyers

The defendant to commercial proceedings Chris (not his real name) instructed us to defend an action brought by his previous business partner. A number of allegations were made concerning the terms of the partnership and various business arrangements.

Chris came to our firm for advice late in the matter. He had not complied with the court timetable, had terminated the services of his former solicitors and the court had issued a notification to show cause as to why the defence should not be struck out.

This would have resulted in the plaintiff being able to seek a default judgement against the defendant Chris on technical grounds.

We were instructed on short notice, affidavits were prepared and the show cause hearing was successfully defended.

The matter was set down for trial and Counsel was briefed.

After the cross examination of the plaintiff by Counsel the plaintiff agreed to dismiss the proceedings against the defendant given the inconsistencies in evidence and the allegations made.

The result was a successful outcome on the first day of a hearing which was expected to be a 2 or 3 day trial.

This is an example of the importance and benefits of seeking competent advice at an early stage, vigilantly following the court timetable and preparing for hearing including briefing counsel.

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Phone LAC Lawyers on NSW 1300 799 888 or VIC 1300 734 638 or send us an email

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