Commercial Litigation Case Study

ASX
IP Litigation

Challenge

Our client was a Brazilian company that had entered into a joint venture with an Australian company.

The relationship deteriorated when the Australian company was no longer able to deliver machinery to the client in Brazil, despite an exclusivity supply fee having been paid by our client. The Australian company has stopped responding to our client’s requests for updates and a return of the funds.

Solution

that the best way to get our client a return of their funds was to file a Statutory Demand with the Federal Court.

When negotiations stalled, we served the Statutory Demand in order to begin the winding-up process. Ultimately, we were able to use the Statutory Demand as leverage to ensure that the Australian company fully reimbursed our client for all of the outstanding fee, along with allowances for legal fees and additional expenses.

By settling out of court, we were able to avoid subjecting the client to the additional expense of an ongoing court dispute.

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