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WA Lease Terminated but Food Truck Not Returned

Discussion in 'Commercial Law Forum' started by Santhanam, 11 March 2015.

  1. Santhanam

    Santhanam Member

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    I have a leased a food trailer to Mr X, and he is one of the company directors of the company. As he refused to pay the lease for the last 7 week, I have lodged a General Procedure Claim with the court. Do I send this to Mr X's address or the company's address.

    Mr. X has terminated the lease agreement but refuses to return the food trailer.

    Please advice.
     
  2. Rod

    Rod Well-Known Member

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    If the lease is with the company, send it to the company address, and a copy to his address. Strictly speaking you do not need to send a copy to him, just helps your case if he denies ever receiving paperwork. BTW, use proof of delivery postage.

    If the lease is in his personal name, send the paperwork to his address.
     
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  3. Sophea

    Sophea Well-Known Member

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    Hi Santhanam,
    Service of a process is most commonly effected by leaving it at, or by sending it by registered post to, the company's registered office. The registered office is the one which is listed with ASIC. This may require you to do a company search. I believe within about 2-3 days it is usually deemed to be served, if sent by post.
     
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  4. Sophea

    Sophea Well-Known Member

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    Oh, also bear in mind that you may need to provide admissible evidence that the documents were served on the company. To do this you will need to show:
    1. The letter and envelope enclosing the documents was properly addressed;
    2. It was sent by pre-paid post;
    3. It was posted as a letter; and
    4. It was sent to the registered office of the company. (retain a copy of the company search for this purpose)
     
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