NSW Small Business verses large Business

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
9 May 2019
1
0
1
History
I operated a small a one man Co/PTY business, a large client refuse to pay their account. I took it to the small claims tribunal so the company filed a cross claim taking it over the limit for a tribunal and into the general court. To achieve this they had to make false claims this was demonstrated during the hearings (3). The end result, after a very large legal bill, was they lost, they had to pay what they owed and they had to pay 95% indemnity costs (subject to agreement and or assessment). It went to an accessor who stripped $120K from the costs the other side had to pay.
Questions
1 the result suggests my solicitor over charged me, can I recover any of the excess.
2 The title was 'The large company verses me', how can they cross claim me when they were dealing with my company, This had an effect on the tax I had to pay, it appears the legal payments from the company has been treated as payment to me and I had to pay tax on that.
3 If they can make the claim against me personally, can I take a claim against their primary witness who was making all the false claims.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
1 & 2 You really need a lawyer to look through all the documentation to get an accurate idea as to what went wrong. As for paying tax, either you pay and claim back tax, or pay no tax.

3. Yes.