SUMMARY FOR DEMAND AND STATEMENT OF CLAIM FOR DEBT - NSW
LOCAL COURT DETAILS
Local Court Name:
Newcastle
PLAINTIFF DETAILS
Plaintiff 1:
Metal Services Australia Pty Ltd (ACN 271 012 733)
Address:
P.O Box 520, Toronto, New South Wales 2283 Australia
Telephone:
0240336900
Fax:
0249661917
Email:
[email protected]
DEBTOR DETAILS
Defendant 1:
Industrial Switchgear Pty Ltd (ACN 370 604 441)
Address:
PO Box 734, Nelson Bay, New South Wales 2315 Australia
PLAINTIFF SERVICE DETAILS
Address:
16 Moore Street, Toronto, NSW 2283 Australia
Telephone:
0413754131
Fax:
0249661917
Email:
[email protected]
ESSENTIAL DETAILS
Amount:
$4,690.40
Claim Description:
Oustanding Invoices between 30/04/2012 and 29/06/2012
Date Of Letter:
Monday, 17 December 2012
Cause Of Action:
Work done and materials provided by the plaintiff for the defendant at the defendant's request
between March 2012 and Hune 2012 at No 6 Pipeclay Avenue, Thornton 2322 and being for
the Blasting, Chromating, Powder Coating and Wet Spraying of various items.
Type of Claim:
Mercantile Law - Sale of Goods and Services - Work done
AFFIDAVIT VERIFYING:
Name:
Sharon Lisa Taylor
Address:
11 Hunter Street, Toronto, NSW 2283 Australia
Occupation:
Director
Capacity:
Plaintiff
The author of this document is the law practice Civic Legal
143648
Demand and Statement of Claim
(Including Debt Collection Manual, Letter of Demand, Statement of Claim (Form 3B), List of Parties (Form 2) and
Affidavit of Service (Form 41))
New South Wales
© Civic Legal
143648
Table of Contents
Chapter 1 - Before you sue
1. Getting inside help to collect that past due bill
2. Simple ways to collect a debt yourself
3. Little debts owed by individuals
4. Big debts owed by individuals
5. Little debts owed by companies
6. Big debts owed by companies
1
1
1
1
2
2
3
Chapter 2 - Hitting them with the Letter of Demand and draft
Statement of Claim
4
Chapter 3 - Filing the Statement of Claim at the Local Court
6
6
7
7
8
8
8
8
9
9
9
9
1. The Letter of Demand and draft Statement of Claim didn’t work
2. Can’t find the Debtor?
3. What happened to the Statement of Claim?
4. A Claim may be served
5. How much does it cost me?
6. Should I get someone to serve the Summons or should I do it myself?
10. Once the Summons is served
11. How do I know that the Summons has been served?
12. The Debtor defends the action - now what?
13. What if the Debtor doesn’t defend the matter?
Chapter 4 - After you get the Judgment
1. You now have a judgment against the Debtor
2. Send in the Sheriff’s Officer
3. How can you find out what Assets belong to the Debtor?
4. Debtor’s Examination
5. Get his wages sent to you - Garnishee order
6. Bankrupt the Debtor
10
10
10
10
11
11
11
Letter of Demand
Form 3B - Statement of Claim
Form 2 - List of Parties
Form 41 - Affidavit of Service in the Local Court
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Demand and Summons for Debt - New South Wales
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Chapter 1 - Before you sue
1.
2.
3.
GETTING INSIDE HELP TO COLLECT THAT PAST DUE BILL
i.
Having issues reaching the decision maker? The CEO of the company insulates
himself against such bothersome issues as your unpaid invoice through a layer of
managers and Personal Assistants. Trying to fight your way through to the top guy
in order to get your money can be the height of frustration.
ii.
Sometimes you just can’t climb all the way to the top and you have to settle for
dealing with the secretary or the accounts payable manager. The goal here is to find
someone who will be on your side, become a champion for your cause. Yes, it can
be done. Work to build a relationship through your calls, a relationship based on
truth and respect. Ask direct questions about how much authority this person has
and use him or her to help get you as near to the top-level decision makers as you
can. When you’ve made it as far up as you can go, listen to the challenges this
person is dealing with and then suggest a solution that allows the two of you to work
together to eliminate the need for further collection procedures.
iii.
Hold your inside contact accountable for their promises and earn their respect by
being firm and professional, not personable and friendly. Don’t be stalled or put off.
Keep the conversation focused on the bill that’s owed and how important it is for
everyone involved that the bill be paid. Use words like integrity and honesty a lot.
You want your contact to go into meetings with the higher ups seeking payment in
full and ready and willing to report back to you on the outcome.
iv.
What you’re looking for is a champion. You want someone with some backbone
who can handle your direct questions - even stand up to a bit. That will be the basis
of your working relationship. The business world is really about relationships and if
you can develop an ability to establish them you will prosper.
SIMPLE WAYS TO COLLECT A DEBT YOURSELF
i.
LET’S SAY you’ve got a bad one. The money is way overdue, you’ve called a few
times – now you’re convinced it isn’t going to be easy. What should you do?
ii.
I wish I could list nine easy steps. It’s not that simple. First, it depends on the size of
the debt – $28 calls for a different strategy than $900, or $34,000. It’s different
chasing an individual than chasing a company. If it’s a company, it depends on the
size of the company. It can also depend on how important you are to them.
iii.
Let’s look at the main categories, and then list things that often work. But caution:
don’t follow any of this slavishly. Use common sense and a bit of psychology. We’re
dealing with quirky, obstinate, vain and wonderful humanity – even if they are
debtors. You know the history of the debt and you know what the debtor is like. Use
everything you know. Use it skilfully to turn up the pressure.
LITTLE DEBTS OWED BY INDIVIDUALS
i.
Write them a letter, saying it’s unlike them not to pay promptly and please could you
have the money. Use a bit of shame on them.
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4.
5.
6.
ii.
Keep phoning them, politely but firmly. (Keep threats out of it, but keep records of
the calls you make – they may be useful later.) Just wear down their excuses and
hope they’ll get tired of it all. By and by, it may seem simpler for them to pay the
$31.
iii.
If a cheque is there (they say) but for some inventive reasons it never gets sent, say
you’ll send a courier around at 10.45 to pick it up. That often works wonders.
iv.
If it seems worth it, send someone from your office around to pick up the cheque. If
you can afford to do this, you’ll almost always get a cheque this way (Professional
debt collectors favour calling around on Saturday afternoon).
v.
WARNING: You’ll probably be alright visiting the debtor personally, if you’re just
offering to pick up the cheque and you don’t start making big waves. But if you
handle things wrongly, there’s always some danger of being prosecuted for
’harassment’. A legally minded (or bloody-minded) debtor might try calling the
police. True, the police might have better things to do than follow up. But don’t ask
me to guarantee it.
BIG DEBTS OWED BY INDIVIDUALS
i.
You can try steps 3.i. to iv. above. But don’t let too much time go by doing that.
ii.
Call in to see them. Call in at work, or at home, or wherever you can find them. Not
many people can stand the pressure of a personal call. And remember, this is a big
debt – one that’s important to collect. The best way is to collect it yourself.
LITTLE DEBTS OWED BY COMPANIES
i.
Make sure they have at least one letter from you, firmly but pleasantly asking for the
money. This means a letter – not one of those stickers you put onto copies of your
invoice. (’A friendly reminder’ and so on.)
ii.
Try wearing them down with telephone calls. Phone daily, even twice a day. (Not
the most popular job for someone on your staff, but it’s the only cheap way to collect
small amounts.) Don’t threaten anything: instead, moan about your own cash flow,
or say your accountant wants to square up his books, or whatever sounds OK. They
may pay faster than you expect: some large companies keep a log of demand calls,
and after you’ve logged in a certain number, you get your cheque.
iii.
’Offer’ to send around a courier. This often breaks through their weaker excuses
and exposes a realm of truth: they might tell you they’re having temporary cash-flow
problems, and that the account will be paid within two weeks.
BIG DEBTS OWED BY COMPANIES
i.
Try steps 5.i. to iii. above (for little debts owed by companies). But go through the
steps faster. This is a big debt, after all. Don’t mess around too long before you...
ii.
Go and see them. Make an appointment with the credit manager. If you get a lot of
excuses, just go without an appointment, unannounced, and plop down in reception.
Be polite and smile at everyone. Look like you’re prepared to spend the day. Take
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something to read or even a laptop computer and do some work. Sooner or later
someone will see you. Then you’ll either get a cheque, or you’ll find out what you’re
really up against.
iii.
TIP: If a big debtor is in financial trouble and you push him hard, he might find
something ’wrong’ with your product and offer part payment. Your product was
faulty, or your service wasn’t up to scratch – or whatever. This is face-saving. But it
offers an easy chance to get most of your money.
iv.
Consider his offer very seriously. Believe me, it can be the best thing you can do.
You’ll probably still end up with a profit on the deal. (And he’ll be happy, because
he’s got a reduction.) You’ll have saved yourself a lot of time. And you’ll probably
get more money from the debtor than you’d get in any other way. Also you’ll come
away feeling like a good guy. You’re reasonable, you can compromise. Do it! Do it!
Don’t get involved with law courts and endless hassles if you can avoid it. Pride can
be very expensive.
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Chapter 2 - Hitting them with the Letter of Demand and draft
Statement of Claim
i.
So you have been Mr Nice guy, but they haven’t paid. You have served on the debtor a
Tax Invoice clearly setting out how much money he owes or some other record of
money owing.
Sure signs you aren’t going to get your money:
A.
the debtor is difficult to contact and doesn’t return telephone calls;
B.
the debtor’s reasons for not paying get stranger and stranger;
C.
the debtor promises to pay but fails to meet the deadlines for payment;
D.
the debtor assures you that he will get the money next month;
E.
the debtor wants to settle for so many cents in the dollar; or
F.
the cheques keep bouncing and costing you more bank fees.
ii.
Now is the time to send them the Letter of Demand with the draft Statement of Claim.
iii.
Debt collection can be reduced to one word: persistence. Therefore, send out the
Letter of Demand and draft Statement of Claim to as many addresses as possible.
Send it to their office. Send it to their home. Fax it. Send it by registered mail. You can
even get a process server to deliver the Letter of Demand and draft Statement of
Claim. They can serve it at night or at the office in front of everyone.
iv.
Before you can lodge the Statement of Claim at the Local Court you should serve a
demand notice on the debtor. The Letter of Demand achieves this. You can’t use
the draft Statement of Claim as a threat. If you do serve the draft Statement of
Claim with the Letter of Demand then you need to have the intention to later file
and serve the Writ if the debt was not met to your satisfaction.
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Chapter 3 - Filing the Statement of Claim at the Local Court
1.
2.
3.
THE LETTER OF DEMAND AND DRAFT STATEMENT OF CLAIM DIDN’T WORK
i.
If your Letter of Demand and draft Statement of Claim didn’t get the result, you must
decide whether it is worth going to court. If you decide to go to court, decide
whether you need a lawyer or whether you will have a go yourself. If you use a
lawyer and you win you only get back at best some of your lawyer’s costs.
ii.
Each State has different rules regarding debt. Also, their courts are called by
different names. However, by and large, the method of collecting a debt is much the
same in all areas. You need to decide which court you go to for the amount of debt
you intend to recover. For example:
A.
the Local Court allows you to claim between $10,001.00 and $100,000.00
plus costs (or $120,000.00 in some limited circumstances);
B.
if your debt is for $105,000.00 and you sue in the Local Court, then you
can only recover up to $100,000.00;
C.
if you want to recover more than $100,000.00 then you need to sue in a
higher court - such as the District Court or Supreme Court;
D.
generally, the District Court deals with debts between $100,000.00 and
$750,000.00; and
E.
the Supreme Court deals with debts above $750,000.00.
WHAT IF THE DEBTOR OWES ME $2,000.00?
i.
If you claim for a debt of $2,000.00 you would go to the Small Claims Division of the
Local Court.
ii.
The General Division of the Local Court of New South Wales allows claims up to
$100,000.00.
iii.
The Small Claims Division of the Local Court of New South Wales only allows you
to claim up to $10,000.00. The procedures for court hearings are less formal.
LODGING AT COURT
i.
First, go along to the office of your Local Court (Court Registry) and put your Law
Central ’Statement of Claim’ forms on the table. They need 2 copies. For Local
Court, you need to complete Form 3B (Statement of Claim form). The Local Court
staff manages the business of the court and are available to assist members of the
public. They will check your Statement of Claim to make sure you have filled in the
required details in the Statement of Claim (for example, names of the plaintiff and
defendant, addresses for service), the correct amount of fees for filing and for the
level of money you are seeking and why you think that the debtor owes you money.
ii.
In the Statement of Claim you need to describe why the money is owed to you
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(’cause of action’). You must outline the facts surrounding the debt. The cause of
action must describe:
4.
A.
how much you are owed;
B.
who owes it to you;
C.
why you believe the other person or business owes you the money;
D.
how long they have to pay the money to you; and
E.
a brief description of the event(s) which shows why the money is owed.
iii.
If possible, you should include particulars of any invoices unpaid, details of property
damages or details of the breach of any contractual agreement
iv.
The cause of action must fall within the time limit for commencing a claim.
Generally, the limitation period (according to section 15 of the Limitation Act 1969 of
New South Wales) is six (6) years running from the date the matter (such as a debt
or an agreement to buy and sell) arises. If you are unsure on this point you should
seek legal advice.
FORM 2 - LIST OF PARTIES
i.
See Uniform Civil Procedure Rule (“UCPR”) 4.2A for more information.
ii.
Where there are more than two plaintiffs or more than two defendants, the list of
parties must be filed and served by the plaintiff with the originating process. It must
be updated, re-filed and re-served by the relevant party with any document that first
records a change in the parties to the proceedings.
iii.
None of the approved forms has all the parties listed on the front (unless there are
no more than two plaintiffs, and two defendants), so the list of parties form is
intended to be a convenient reference document for the court and parties to retain
at the front of the pleadings folder in any multi-party matter.
iv.
It will be helpful to the court and all parties to update, re-file and re-serve the list of
parties whenever any of the information in the document changes (for example
when all appearances or defences have been filed or when a party changes its
representative), in addition to the occasions mandated by UCPR 4.2A.
v.
Once you have completed the Statement of Claim, you lodge it with the Local Court.
You need to pay a filing fee. As at 1 July 2012, the filing fee is:
A.
Small Claims Division:
I.
II.
B.
$88 if you are starting your claim as an individual; and
$176 if you are starting your claim as a representative of a
company or association; and
General Division:
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I.
II.
5.
6.
$217 if you are starting your claim as an individual; and
$434 if you are starting your claim as a representative of a
company or association.
vi.
The filing fee may change from time to time, so you need to check with the person
at the Court Registry.
vii.
The Local Court will sign and stamp the document. You will then be given a
Summons which must be handed to the person or business who owes you the
money.
viii.
The Summons is a legal document that tells the other side (the defendant):
A.
that a claim has been made to the Court for a certain amount of money;
B.
who made the claim;
C.
who the claim is against;
D.
how much money is claimed; and
E.
how long the other side has to pay the money.
CAN’T FIND THE DEBTOR?
i.
If you do not know the current address of the debtor, you should first of all make
your own enquiries. Then look in the White Pages and Yellow Pages. Search the
Internet. Next, go along to the office of the Electoral Commission in your area and
search in the Electoral Roll. If this proves fruitless, go along to your local Motor
Registry and have a search carried out there.
ii.
If the debtor trades under a business name or is a company, carry out a search on
the Australian Securities and Investments Commission (“ASIC”) website
www.asic.gov.au or phone 1300 300 630. All business names are registered on the
new National Business Names Register at ASIC (as of 28 May 2012). You need to
identify the proprietor of the business and indicate that the debtor is trading under a
particular business name. All businesses are registered with ASIC; those that are
not are referred to as an ’unregistered business’. If the debtor is a company, you
need to find out the registered office of the company. The Summons must be
served on the registered office of the company.
iii.
If the debtor has gone interstate and you know his current address, you can have
the Summons served interstate.
WHAT HAPPENED TO THE STATEMENT OF CLAIM?
i.
Once you have filed the Statement of Claim, the Court will issue a Summons and it
has to be given to the debtor.
ii.
A Summons must be given to the defendant within twelve (12) months of it being
issued by the Court. Any person over the age of 16 years may serve a Summons,
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including you, your agent, a sheriff of the Court or any other person you appoint.
There are specific requirements for service, depending on whether the defendant is
an individual, a company or a business.
7.
HOW TO SERVE A SUMMONS
A Summons must be served to a human debtor by personal service.
Personal service of a document on an individual can be by:
i.
handing the document to the debtor personally; or
ii.
if the debtor does not accept the document, by putting the document down in his or
her presence and advising him or her of the nature of the document.
A Summon must be served to a company debtor:
8.
i.
personally to a director of the company;
ii.
by leaving it at the company’s registered office; or
iii.
by pre-paid post to the address of the company’s registered office.
HOW MUCH DOES IT COST ME?
Service fees vary according to the type of service selected by you. There is no service fee
payable to the Court Registry if you elect to serve the claim yourself. Fees apply for service
by the Sheriff of the Court, currently as at 1 July 2012 the fees are $59 or for postal service
by the Court currently at $37. You need to ask the person at the Court Registry the exact
amount when you lodge the Statement of Claim.
9.
SHOULD I GET SOMEONE TO SERVE THE SUMMONS OR SHOULD I DO IT
MYSELF?
i.
It is up to you to decide if you think you can serve a Summons yourself.
ii.
In many cases, people starting a legal action decide to use the Sheriff’s Office to
serve a Summons because:
iii.
A.
they are not sure how to serve the Summons correctly;
B.
they don’t think it is a good idea to hand the other person or business the
Summons personally; or
C.
the other person or business is inter-state, overseas or a long way away
from the person’s home or work.
In some cases a person may try to avoid being given the Summons by refusing to
answer the door or sending someone else to the door. The Sheriff’s Office has a lot
of experience in serving legal documents and can make sure that your Summons is
served properly. For a Summons which is to be served in New South Wales, it
normally takes about 5 days.
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10.
11.
HOW DO I KNOW THAT THE SUMMONS HAS BEEN SERVED?
i.
After the Summons is served on the debtor (called the defendant in the Summons),
it may be necessary to provide information to the Court on how and when the
document was given. Attached to the Statement of Claim is a section called an
’Affidavit of Service’. This can be completed and lodged at the Registry office to
prove that the Summons has been given to the debtor (defendant).
ii.
The Affidavit of Service must be:
A.
signed by the person who served the Statement of Claim;
B.
sworn before a Justice of Peace or a solicitor;
C.
show the date and place where the Statement of Claim was given to the
defendant or another person; and
D.
describe the method of service which was used (for example postal or
personal delivery).
iii.
If the Sheriff serves the Summons the Sheriff will complete all details on the
Affidavit of Service and send it back to you.
iv.
If you choose to serve the Summons yourself, you will need to complete Form 42 Affidavit of Service contained in this document and lodge the completed Affidavit of
Service at the Court.
ONCE THE SUMMONS IS SERVED
Once the Sheriff has served the Summons, the debtor is allowed a period, usually twenty
eight (28) days, to tell the office of the Court whether he/she intends to defend the claim. If
he/she does, you are notified by the office of the Court.
12.
13.
THE DEBTOR DEFENDS THE ACTION - NOW WHAT?
i.
If the debtor wishes to dispute your claim in the Summons, the debtor must lodge a
Statement of Defence stating the grounds of defence at any time before judgment.
ii.
Initially, an informal conference is arranged between you and the debtor before the
Registrar of the Court. These people are not generally judges or lawyers. They are
people that are understanding and will encourage you to settle the matter. If this
does not succeed in settling the matter, a trial date is fixed.
WHAT IF THE DEBTOR DOESN’T DEFEND THE MATTER?
In the great majority of cases, the debtor does not defend the Summons. If the debtor does
not defend the Summons, you can apply to the office of the Court to have judgment entered
for you (called “Default Judgment”). Your Kit does not include the Default Judgment or the
request for order.
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Chapter 4 - After you get the Judgment
1.
YOU NOW HAVE A JUDGMENT AGAINST THE DEBTOR
You must now collect the money from the debtor. There are basically 3 ways available to
you to collect the money. These are:
2.
3.
i.
seize the debtor’s goods;
ii.
have the debtor brought before the court to examine him; and
iii.
have the debt deducted from the debtor’s wages.
SEND IN THE SHERIFF’S OFFICER
i.
If you know that the debtor has assets, then your best bet is to go for number 1.i.
above. You must again go back to your Local Court and fill out a form, ’Application
to Issue Execution’ and make two copies. You have to pay a prescribed fee when
you lodge the form. Additional fees may be payable to the Sheriff’s Office for
advertising costs or towing fee. Any fees paid by you are added to the judgment
debt.
ii.
A Writ of Execution empowers a Sheriff’s Officer to attend a Judgment debtor’s
residence or business and attempt to seize goods for sale at public auction. This
instructs the Sheriff’s Officer to seize the debtor’s goods, sell them at a public
auction and pay you your money. You can usually employ either the Court Sheriff’s
Officer or a private bailiff. You must tell the Court Sheriff’s Officer or the bailiff where
he can find goods belonging to the debtor to seize.
iii.
Not all goods in the possession of the debtor can be seized. Rented or leased
goods cannot be seized. Goods belonging to the spouse of the debtor cannot be
seized. Clothing, household goods and tools cannot be seized. If the assets are
subject to a chattels mortgage, the finance company must first be paid out from the
proceeds of sale.
iv.
If the debtor is a company, only the company assets can be seized. The assets
belonging to the directors’ cannot be seized. However, if the debtor is a private
individual or a partnership, both business and private assets can be seized. The
Sheriff’s Officer will hold the goods for a number of days, generally five (5), and then
sell them. You will be paid the amount of your debt, together with Court fees paid by
you, out of the sale proceeds. The great majority of debtors pay up when the
Sheriff’s Officer arrives on the doorstep. It is rare for the Officer to have to actually
sell the goods.
HOW CAN YOU FIND OUT WHAT ASSETS BELONG TO THE DEBTOR?
First of all, consult your records and make enquiries. Then do some searches of public
records. If the debtor is a company, search the company file at the Australian Securities and
Investments Commission local office or website www.asic.gov.au. Carry out a search at the
local Motor Registry office. Carry out a search at the Bills of Sales register. Carry out a
search at the Land and Property Information New South Wales (LPI). You can access this
site via http://www.lpi.nsw.gov.au. Land and real estate can also be seized.
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4.
DEBTOR’S EXAMINATION
Your second option in collecting the debt is to have the debtor brought to Court before a
Magistrate. You and the Magistrate ask the debtor questions as to current wages and what
assets the debtor has at present. You should also be allowed to question the debtor.
Depending on the debtor’s income and family responsibilities, the Magistrate will generally
make an order that the debtor pay the debt by instalments. If the debtor subsequently
refuses to pay any of the instalments, you can again apply to the Court office to have the
debtor brought before the Magistrate again.
5.
6.
GET HIS WAGES SENT TO YOU - GARNISHEE ORDER
i.
Your third option is to obtain a Garnishee order. You get an order from a Magistrate
ordering a third person to pay money to you. This could be an employer, a bank
where an account is held or a person who owes money to the debtor. Suppose you
know that your debtor has a steady job and earns good money. You go along to the
office of the Court and fill out a form requesting to see a Magistrate in private. You
tell the Magistrate your story and they give you an order addressed to the employer.
This order instructs the employer to deduct the debt from the weekly wages of the
debtor and pay it to you. Often, it will be by instalments. You give this order to the
employer and, hopefully, you will be paid. However, some people who are owed
money dislike using this procedure. It is quite common for employers to fire an
employee who has an order against him. Alternatively, the employee may leave
once the order is served and you will not get paid.
ii.
A Garnishee order can also be obtained against a bank account. Suppose you
know that the debtor has a cheque or savings account at a local bank. You can
obtain a Garnishee order against the bank. You serve it on the local bank manager.
However, be aware that there may be no funds in the account or the account may
have been closed. You cannot take the money the debtor receives from Centrelink
(money from Social Security) but if the money is deposited in a bank account, you
might be able to get it.
BANKRUPT THE DEBTOR
i.
A fourth option open to you is to make the debtor bankrupt. In New South Wales, if
the judgment debt is over $5,000.00, you can apply to the Federal Court to have the
debtor declared bankrupt.
ii.
If the debtor is a company, you have some further options. You can serve a notice
on the company threatening to have the company wound up if the debt is not paid
within 3 weeks. This is a very powerful method of persuasion and most companies
will pay rather than risk having the company wound up. If they do not pay, you can
apply to the Supreme Court to have a liquidator appointed and the company wound
up. This is a very complicated process, so we recommend you seek legal advice.
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Industrial Switchgear Pty Ltd (ACN 370 604 441)
PO Box 734
Nelson Bay New South Wales 2315
Australia
Monday, 17 December 2012
Without Prejudice (save as to costs)
Debtor
Industrial Switchgear Pty Ltd (ACN 370 604 441)
Creditor
Metal Services Australia Pty Ltd (ACN 271 012 733)
Amount Owed
$4,690.40
Details of Debt
Oustanding Invoices between 30/04/2012 and 29/06/2012
You owe the Creditor the sum of $4,690.40.
TAKE NOTICE that, the Creditor demands the payment of the sum of $4,690.40 within ten (10) days of the
date of this letter.
The Creditor is in the process of recovering the Amount Owed. Accordingly, the Creditor encloses a draft
Statement of Claim that the Creditor intends to lodge at the Local Court and serve upon you unless you
meet the demand as stated above.
If any proceedings are instituted then there will be a claim for any allowable costs and interest of such
proceedings in addition to the Amount Owed.
Yours sincerely,
___________________________________
Metal Services Australia Pty Ltd (ACN 271 012 733)
143648
Form 3B (version 4)
UCPR 6.2
STATEMENT OF CLAIM
COURT DETAILS
Court
Newcastle
Division
_________________________________________________
List
_________________________________________________
Registry
Newcastle
Case number
_________________________________________________
TITLE OF PROCEEDINGS
Plaintiff
Metal Services Australia Pty Ltd (ACN 271 012 733)
Defendant
Industrial Switchgear Pty Ltd (ACN 370 604 441)
FILING DETAILS
Filed for
Metal Services Australia Pty Ltd (ACN 271 012 733) plaintiff
[s]
Contact name and telephone
Metal Services Australia Pty Ltd (ACN 271 012
733) 0240336900
Contact email
[email protected]
TYPE OF CLAIM
[Select type of claim from the list provided in section 6 of the Guide to preparing documents, available on the UCPR website at
http://www.lawlink.nsw.gov.au/lawlink/spu/ll_ucpr.nsf/pages/ucpr_form_info - 3 or at any NSW court registry.]
Mercantile Law - Sale of Goods and Services - Work done
143648
[Note: If the completed RELIEF CLAIMED will fit in the available space appearing after TYPE OF CLAIM on the first page of this
form, you may delete the page break, include the RELIEF CLAIMED on the first page and start this page with PLEADINGS AND
PARTICULARS.]
RELIEF CLAIMED
The plaintiff[s] claim[s]
[If you are making a liquidated claim (ie claiming a specific amount of money), include the following
information:]
1.
Amount of claim
$4,690.40
2.
Interest
$_______
3.
Filing fees
$_______
4.
Service fees
$_______
5.
Solicitor’s fees
$_______
6.
TOTAL
$_______
PLEADING AND PARTICULARS
The plaintiff relies on the following facts and assertions:
Work done and materials provided by the plaintiff for the defendant at the defendant's request between
March 2012 and Hune 2012 at No 6 Pipeclay Avenue, Thornton 2322 and being for the Blasting,
Chromating, Powder Coating and Wet Spraying of various items.
SIGNATURE
I acknowledge that court fees may be payable during these proceedings. These fees may include a
hearing allocation fee.
Signature
_________________________________________________
Name
Metal Services Australia Pty Ltd (ACN 271 012 733)
Capacity
Date of signature
_________________________________________________
143648
NOTICE TO DEFENDANT
If you do not file a defence within 28 days of being served with this statement of claim:
You will be in default in these proceedings.
The court may enter judgment against you without any further notice to you.
The judgment may be for the relief claimed in the statement of claim and for the plaintiff’s costs of bringing
these proceedings. The court may provide third parties with details of any default judgment entered
against you.
HOW TO RESPOND
Please read this statement of claim very carefully. If you have any trouble understanding it or
require assistance on how to respond to the claim you should get legal advice as soon as
possible.
You can get further information about what you need to do to respond to the claim from:
A legal practitioner.
LawAccess NSW on 1300 888 529 or at www.lawaccess.nsw.gov.au.
The court registry for limited procedural information.
You can respond in one of the following ways:
1.
If you intend to dispute the claim or part of the claim, by filing a defence and/or
making a cross-claim.
2.
If money is claimed, and you believe you owe the money claimed, by:
Paying the plaintiff all of the money and interest claimed. If you file a
notice of payment under UCPR 6.17 further proceedings against you will
be stayed unless the court otherwise orders.
Filing an acknowledgement of the claim.
Applying to the court for further time to pay the claim.
3.
If money is claimed, and you believe you owe part of the money claimed, by:
Paying the plaintiff that part of the money that is claimed.
Filing a defence in relation to the part that you do not believe is owed.
Court forms are available on the UCPR website at www.lawlink.nsw.gov.au/ucpr or at any NSW court
registry.
REGISTRY ADDRESS
Street address
Postal address
Telephone
143648
[Do not include the affidavit verifying in Local Court proceedings. See Guide to preparing documents for other circumstances
where affidavit not required.]
AFFIDAVIT VERIFYING
Name
Sharon Lisa Taylor
Address
11 Hunter Street, Toronto, NSW 2283 Australia
Occupation
Director
Date
_________________________________________________
I say on oath/affirm:
1.
I am the Plaintiff.
2.
I believe that the allegations of fact in the statement of claim are true.
SWORN/AFFIRMED at
_________________________________________________
[delete whicever is not applicable]
Signature of deponent
_________________________________________________
Name of witness
_________________________________________________
Address of witness
_________________________________________________
Capacity of witness
[Justice of the peace / Solicitor / Barrister / Commissioner for
affidavits / Notary public]
And as a witness, I certify the following matters concerning the person who made this affidavit (the deponent):
1.
#I saw the face of the deponent. [OR, delete whichever option is inapplicable]
#I did not see the face of the deponent because the deponent was wearing a face covering, but I am
satisfied that the deponent had a special justification for not removing the covering.*
2.
#I have known the deponent for at least 12 months. [OR, delete whichever option is inapplicable]
#I have confirmed the deponent's identity using the following identification document:
_________________________________________________
Identification document relied on (may be original or certified copy) †
Signature of witness
_________________________________________________
Note: The deponent and witness must sign each page of the affidavit. See UCPR 35.7B.
__________________________
[* The only "special justification" for not removing a face covering is a legitimate medical reason (at April 2012).]
[†"Identification documents" include current driver licence, proof of age card, Medicare card, credit card, Centrelink pension card, Veterans
Affairs entitlement card, student identity card, citizenship certificate, birth certificate, passport or see Oaths Regulation 2011.]
143648
FURTHER DETAILS ABOUT PLAINTIFF[S]
Plaintiff
Name
Metal Services Australia Pty Ltd (ACN 271 012 733)
Address
P.O Box 520, Toronto, New South Wales 2283 Australia
[The filing party must give the party’s addres]
Frequent user identifier
_________________________________________________
Contact details for plaintiff[s] acting in person or by authorised officer
Name of authorised officer
Capacity to act for plaintiff[s]
Address for service
16 Moore Street, Toronto, NSW 2283 Australia
[The filing party must give an address for service.
This must be an address in NSW unless the
exceptions listed in UCPR 4.5(3) apply. State "as
above" if the filing party’s address for service is the
same as the filing party’s address stated above.]
Telephone
0413754131
Fax
0249661917
Email
[email protected]
DETAILS ABOUT DEFENDANT[S]
Defendant
Name
Industrial Switchgear Pty Ltd (ACN 370 604 441)
Address
PO Box 734, Nelson Bay, New South Wales 2315 Australia
143648
Form 2 (version 2)
UCPR 4.2A
LIST OF PARTIES
COURT DETAILS
Court
_________________________________________________
Division
_________________________________________________
List
_________________________________________________
Registry
_________________________________________________
Case number
_________________________________________________
TITLE OF PROCEEDINGS
Plaintiff
Metal Services Australia Pty Ltd (ACN 271 012 733)
Defendant
Industrial Switchgear Pty Ltd (ACN 370 604 441)
FILING DETAILS
Filed for
Metal Services Australia Pty Ltd (ACN 271 012 733) [Plaintiff]
Legal representative
_________________________________________________
Legal representative reference
_________________________________________________
Contact name and telephone
_________________________________________________
143648
PARTY AND CONTACT DETAILS
PLAINTIFF[’S][S’] CLAIM
Plaintiff[s]
Defendant[s]
Metal Services Australia Pty Ltd (ACN 271 012
733) [Plaintiff]
Industrial Switchgear Pty Ltd (ACN 370 604
441) [Defendant]
Legal Representative:
Legal Representative:
____________________________________________ ___________________________________________
Contact name and telephone:
Contact name and telephone:
____________________________________________ ___________________________________________
Contact email:
Contact email:
____________________________________________ ___________________________________________
CROSS-CLAIM
Cross-Claimant[s]
Cross-Defendant[s]
____________________________________________ ___________________________________________
Legal Representative:
___________________________________________
Contact name and telephone:
___________________________________________
Contact email:
___________________________________________
143648
Form 41 (version 2)
UCPR 35.8
AFFIDAVIT OF SERVICE
COURT DETAILS
Court
_________________________________________________
Division
_________________________________________________
List
_________________________________________________
Registry
_________________________________________________
Case number
_________________________________________________
TITLE OF PROCEEDINGS
Plaintiff
Metal Services Australia Pty Ltd (ACN 271 012 733)
Defendant
Industrial Switchgear Pty Ltd (ACN 370 604 441)
FILING DETAILS
Filed for
_________________________________________________
Filed in relation to
_________________________________________________
Legal representative
_________________________________________________
Legal representative reference
_________________________________________________
Contact name and telephone
_________________________________________________
143648
AFFIDAVIT
Name
_________________________________________________
Address
_________________________________________________
Occupation
_________________________________________________
Date
_________________________________________________
I say on oath/ affirm:
1.
I am _________________________________________________
2.
I am over the age of 16 years.
3.
On [date] ______________ at [place] _________________________, I served [name of person
served] _________________________ with the following documents [describe documents
served. If the document served is a filed document include the date the document was filed in
the description eg statement of claim filed (date). Do not attach a copy of any document already
filed.] ________________________________________________________________________
_____________________________________________________________________________
4.
I served the documents by [method of service] _______________________________________
143648
5.
At the time of service [name of person served] _______________________________________
stated [record what, if anything, the person served said] ________________________________
_____________________________________________________________________________
SWORN/AFFIRMED at
[delete whichever is not applicable]
_________________________________________________
Signature of deponent
_________________________________________________
Name of witness
_________________________________________________
Address of witness
_________________________________________________
Capacity of witness
[Justice of the peace / Solicitor / Barrister / Commissioner for
affidavits / Notary public]
And as a witness, I certify the following matters concerning the person who made this affidavit (the deponent):
1.
#I saw the face of the deponent. [OR, delete whichever option is inapplicable]
#I did not see the face of the deponent because the deponent was wearing a face covering, but I am satisfied that the
deponent had a special justification for not removing the covering.*
2.
#I have known the deponent for at least 12 months. [OR, delete whichever option is inapplicable]
#I have confirmed the deponent’s identity using the following identification document:
_________________________________________________
Identification document relied on (may be original or certified copy) †
Signature of witness
_________________________________________________
Note: The deponent and witness must sign each page of the affidavit. See UCPR 35.7B.
__________________________
[* The only "special justification" for not removing a face covering is a legitimate medical reason (at April 2012).]
[†" Identification documents" include current driver licence, proof of age card, Medicare card, credit card, Centrelink pension card, Veterans Affairs
entitlement card, student identity card, citizenship certificate, birth certificate, passport or see Oaths Regulation 2011.]
143648