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NSW Letter of Demand Ignored by Company - What to Do?

Discussion in 'Commercial Law Forum' started by Ken Hazzard, 17 May 2018 at 3:03 PM.

  1. Ken Hazzard

    Ken Hazzard Member

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    How can I recover a A$103,000 deposit paid for raw material to produce an Infant Nutritional Supplement for export to China, whereby the company we signed the contract with has failed to deliver.

    I have tried to contact them directly and sent a Letter of Demand, both of which have been ignored.
     
  2. Rob Legat - SBPL

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    Your next step is take legal action. For that amount, and the likelihood it will be defended, I suggest you engage a good contract litigator.
     
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  3. Tim W

    Tim W Lawyer
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    Was the deposit paid to somebody in Australia?

    Was it paid to a producer, or a downstream processor, or a broker?
    For example, have you contracted with a dairy, with a dairy processor,
    or (says if it's FCMP) with a commodities broker/trader?

    Is the company still trading?
     
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  4. Tim W

    Tim W Lawyer
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    I concur with this suggestion.
    Having searched you on the web, you are clearly somebody who knows their field,
    and who would recognise the wisdom of @Rob Legat - SBPL's remarks.
     
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    #4 Tim W, 21 May 2018 at 11:40 AM
    Last edited: 21 May 2018 at 11:46 AM
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