Commercial litigation arises in a variety of contexts that cover just about any kind of dealing between individuals, corporates and trusts, Here are some of the examples of how these disputes occur.
Here are some topics:
- Property Disputes
- Australian Consumer Law
- Sale of goods disputes
- Disputes about Services
- Debt Disputes
Property Disputes
Many property disputes arise out of a contract for the sale of land. These disputes are often between the vendor and purchaser and cover matters such as:-
- the right to lodge a caveat or to remove a caveat or how to deal with a lapsing notice;
- whether a vendor or purchaser can rescind the contract;
- whether the purchaser or vendor is entitled to the deposit and in what circumstances;
- damages for breach or repudiation of contract;
- disputes between co-owners and how to end it;
- easements and their meaning;
- encroachment of property onto another property.
- the availability of injunctive relief (often preceded by a cease and desist letter)
Australian Consumer Law
The Australian Consumer Legislation for present purposes deals with
- conduct that is misleading or deceptive;
- conduct that is unconscionable;
- certain terms that are implied into contracts known as consumer guarantees.
The main consumer guarantees encountered by us relate to guarantees regarding acceptable quality, and fitness for purpose keeping in mind there are others.
It is not uncommon for us to encounter cases where misleading representations were made to induce a contract or where a contract is liable to be set aside because it was procured by unconscionable conduct. An example of a misleading statement could be a real estate agent telling you that a property for sale has no defects when in fact it does requiring substantial rectification work.
Sale of goods disputes
In NSW the Sale of Goods Act 1923 (NSW) implies certain terms into contracts for the sale of goods. When the express, or implies terms, are breached the victim might want to claim damages.
Common examples of such disputes include disputes about:-
- merchantable quality;
- fitness for purpose;
- delivery of goods;
- who has title to the goods.
For instance if you buy a new car and it breaks down due to a serious defect shortly after it might amount to a breach of an implied term as to quality or fitness for purpose.
Quite often such disputes resolve by agreement and without help from the courts. However, you may need help documenting any such settlement.
Disputes about Services
Usually disputes about services relate to quality or non-provision of services and the cost of services. In many cases the recipient of the services will argue that the services were not rendered with due skill, care and diligence. Such a case may perhaps require the use of expert evidence.
Debt Disputes
Generally debt disputes are determined in accordance with the contract. Other cases include:-
- a claim to recover money that was paid to someone else under the mistaken belief that it was due.
- a claim to seek a declaration that the contract is illegal and void.
- a claim for the recovery of a payment made by an agent on behalf of the principal.
- a claim against the party who wholly failed to peform their part of the deal.
After a judgment is obtained in a debt matter, and it has not been paid consider issuing a statutory demand to enforce it. Alternatively, if you are the recipient it may be neccesarry to consider if you can set aside a statutory demand.
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