COLLEGE OF LAW - Activity 1.3 - Form 16 Statement of claim UCPR PDF

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COLLEGE OF LAW - Activity 1.2 - Form 16 Statement of claim UCPR - Lamore Coffee...

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MAGISTRATE COURT OF QUEENSLAND REGISTRY: Brisbane NUMBER: S111 of 2021

Plaintiff:

LAMORE COFFEE SUPPLIES PTY LTD AND

Defendant:

CHARLOTTE CHAN trading as TOP GRIND CAFÉ

STATEMENT OF CLAIM

This claim in this proceeding is made in reliance on the following facts: 1. At all material times to this action: a. The Plaintiff was a company incorporated according to law and capable of being suing; b. The Plaintiff is a coffee supplier in Brisbane the company address is 3 Wycombe Street, Paddington QLD 4204; c. The Defendant is an individual according to law and capable of being sued; d. The Defendant operated three business’ as a sole trader Charlotte Chan trading as Top Grind Café: i. Top Grind Café: 40 Stone Street West End QLD 4810; ii. Top Grind Café: 363 Darling Street Milton QLD 4064;

STATEMENT OF CLAIM Filed on Behalf of the Plaintiff Form 16, Version 2 Uniform Civil Procedure Rules 1999 Rules 22, 146

College of Law Firm 1 Street Avenue Brisbane QLD 4000 Phone No: 07 4777 0000 Fax No: 07 4777 1111 Ref: COL 12346 1 of 5

iii. Top Grind Café: 64 Hansard St New Farm QLD 4005; and e. The cause of action arose in this district. 2. The Plaintiff entered into an agreement with the Defendant for the supply of coffee equipment and ongoing coffee bean delivery for 12 months. The agreement is contained in or evidenced by a written agreement dated 09 January 2021 signed by the defendant (the “Original Agreement”). 3. The Plaintiff's terms for payment of the coffee bean orders were expressly stated in the Original Agreement and were to be paid within 7 days from the date (the "Due Date") of the order being made. The terms for payment of the coffee equipment were expressly stated in the Original Agreement to be paid in two (2) instalments, first of $15,000 being payable on the execution of the Original Agreement and then the remainder of $10,500 on delivery and installation of the equipment. 4. Pursuant to the Original Agreement, from 9 January 2021 to 13 September 2021, the Plaintiff installed three (3) coffee machines and equipment in the defendant's café’s, the Original Agreement provided the Defendant make full payment once the equipment was installed. The Defendant further ordered 240 kilograms of coffee beans every week for ten (10) weeks, the Original Agreement stipulates that Defendant must pay for the order of the beans within seven (7) days of making the order. Tax invoices were sent at the completion of installation of equipment and weekly for the services provided to the defendant as follows: All charges are inclusive of GST: Equipment Three (3) Zambatto espresso coffee machines and coffee grinders at $8,500 each. Total: $25,500 Less deposit payments by defendant of $15,000 and $8,000 Owed: $2,500 Beans

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Amount unpaid on 10 weeks’ worth of coffee supplied (240 kg of Lamoré coffee beans per week x $60 per kilo x 10 weeks) $144,000

5. The Defendant has breached the terms of the Original Agreement by failing to pay the sum of $146,500.00 to the Plaintiff as agreed. 6. Despite demand the Defendant has failed, refused or neglected to pay to the plaintiff the sum of $146,500.00. 7. The Plaintiff sent a final invoice with a demand for payment to be made within seven (7) days on 13 September 2021 (“Final Due Date”). 8. There is no agreed interest rate and Plaintiff relies on section 58 of the Civil Proceedings Act 2011 (Qld), the current rate being 4.10% per annum. 9. The Plaintiff claims interest from the Final Due Date for payment pursuant to the Original Agreement at a rate of 4.10% per annum in the sum of $362.12 calculated as follows: $146,500.00 @ 4.1% pa (13.09.2021 – 5.10.2021) 22 days @ $16.46 per day = $362.12 10. The plaintiff claims the following relief: (a) $146,500.00 for monies owing; (b) $362.12 for interest pursuant to the Original Agreement and continuing at $16.46 per day until payment or judgement; and (c) Costs. Signed: Description:

Solicitor at College of Law Firm

NOTICE AS TO DEFENCE Your defence must be attached to your notice of intention to defend.

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NOTICE UNDER RULE 150(3) The plaintiff claims: $146,500.00 for monies owing; $362.12 for interest pursuant to the Original Agreement; and $1,249.00 for costs of issuing the claim and this statement of claim. $ 695.45 Filing Fee (including $3.90 ACF). $ 37.10 Service Fee $ 23.30 ASIC Search $1,422.00 Professional Fees $150,288.97 plus interest accruing at a rate of $16.46 per day until payment or judgement. The proceeding ends if you pay those amounts before the time for filing your notice of intention to defend ends. If you are in default by not filing a notice of intention to defend within the time allowed, the plaintiff is entitled to claim additional costs of $279.00 costs of entering judgment in default.

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