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WA Minor Claim in Magistrates Court - What Business Name Should I Put?

Discussion in 'Australian Consumer Law Forum' started by Ruth, 23 July 2014.

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  1. Ruth

    Ruth Member

    23 July 2014
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    I'm lodging a form 4 minor case claim at the magistrates court of WA (civil jurisdiction) and having difficulty in identifying the most accurate defendant details. The business has recently changed abn numbers and was previously a family partnership, but now is a sole trader according to abn lookup. But on ASIC search the holders name is a pty ltd, and the type is a body corporate . So can someone please advise, do I use the original partnership at the time of purchase and list both individual parties trading as the company? Or do I just name the partner that is now a sole trader? Or can I just list him personally as an individual and not as a business? What's the best way to get my money back from this shyster through the courts under Australian Consumer Law?
  2. John R

    John R Well-Known Member

    14 April 2014
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    Hi @Ruth,
    Generally, you'd sue the legal entity that you contracted with or purchased from (that is, the family partnership).
    If you have evidence of the recent change of ownership and/or ABN, then you may consider adding both legal entities (that is, the family partnership and the sole trader).

    Hope this helps. Please keep us updated with your progress.

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