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MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2010

FORM 5A

Rule 5.02(1)

COMPLAINT IN THE MAGISTRATES’ COURT OF VICTORIA AT MELBOURNE BETWEEN

Court Number:

Tom Badlu Plaintiff

OF 116 Kay Avenue, Bendigo VIC 3502 And

AAA Finance and Escrow Services Pty Ltd ACN: 99001234 Defendant

OF 110 Bourke Street, Melbourne VIC 3000

Date of Document: Filed on behalf of: Australian lawyer name: Address:

1.

16/05/2019 Tom Badlu Scott Morris Lawers & Co 112 Bourke Street, Melourne VIC 3000

Code: Telephone: Reference:

03 9770 1000 0119

The address for service of the plaintiff is– (address must be within Victoria if the plaintiff sues in person)

116 kay Avenue, Bendigo VIC 3502 *2.

Name and business address within Victoria of the Australian lawyer for the plaintiff– (if the Australian lawyer is acting as agent for another Australian lawyer, state the name and business address of the principal lawyer)

Scott Morris Lawyers & Co of 112 Bourke Street, Melbourne VIC 3000 *3.

The plaintiff sues (or the defendant is sued) in the following representative capacity– (e.g. as administrator of the estate of) As a sole claimant represented by a legal practitioner.

NOTICE TO THE DEFENDANT If you need an interpreter to help you read this document contact details for most languages are listed at www.magistratescourt.vic.gov.au. The plaintiff’s claim against you is set out in the Statement of Claim. You MUST READ the Statement of Claim. IF YOU INTEND TO DEFEND this Complaint, YOU MUST GIVE NOTICE OF DEFENCE within 21 days of the day you were served with this Complaint, to– (a) the plaintiff (at the address for service of the plaintiff as stated above); and 1 of 5

(b) the registrar of the Magistrates’ Court of Victoria at (insert proper venue and address): 233 William Street, Melbourne VIC 3000 Australia NOTICE OF DEFENCE must be given in the proper form (Form 8A, 2 copies of which have been served with this Complaint) and you must read and comply with the notes attached to that document. You may attach additional pages, if needed. IF YOU PAY the Plaintiff within 21 days of service of this Complaint the amount of $ 80,000 and the costs of $ 2,000 to the plaintiff or to the plaintiff’s Australian lawyer without giving notice of defence and the plaintiff accepts that payment in full satisfaction of the claim (including any interest and costs), the proceeding ends on that acceptance. IF YOU DO NOT GIVE NOTICE OF DEFENCE WITHIN 21 DAYS of service of this Complaint and have not paid the claim and the costs, the plaintiff may, without there being a hearing of this claim by the Court and without giving you any further notice, apply to the Court for an ORDER (JUDGMENT) AGAINST YOU for the amount of the claim and interest and costs AND take steps to enforce the order (judgment) and obtain payment. The Court’s registrars do NOT provide legal or financial advice but may provide some information to you about the actions and processes you must undertake in order to defend this claim. If before giving NOTICE OF DEFENCE, you wish to get FREE LEGAL or FINANCIAL ADVICE you may be able to do so from free legal advice services and free financial counselling services. Those services are not employed by or under the control of the Court and therefore the Court cannot recommend any of them, but contact details for such services together with some practical assistance can be obtained from the Magistrates’ Court of Victoria’s website at www.magistratescourt.vic.gov.au. Your local municipal council may also be able to provide contact details for community services in your area that may be able to assist you. Payment of Judgment Debt by Instalments IF YOU DO NOT defend this claim and do not reach agreement with the plaintiff relating to the time for payment after an order (judgment) against you, you may apply to the Court for an order permitting you to pay that order (judgment) by instalments. The Court will consider your application and advise you of the outcome. The Court’s registrars will be able to provide you with information about the process to apply for an order for payment of the judgment debt by instalments.

STATEMENT OF CLAIM 2 of 5

(Here set out in numbered consecutive paragraphs all the material facts relied on for the claim against the defendant including particulars of every fact or matter. If the claim arises by or under any statute, identify the specific provision relied on. State specifically the amount or other relief or remedy sought. State the place where and the date when the claim arose. If the claim arises out of a motor vehicle collision and the claim includes a claim for the costs of repairs to the vehicle or total loss of the vehicle, an itemised quotation of the costs of the repairs or an assessment of the loss (whichever is relevant) must be attached to this complaint.)

1. The defendant is and was at all relevant times incorporated under the laws of Australia. 2. The defendant is and was at all relevant times operating as AAA Finance and Escrow Services pty ltd operating under ACN: 99001234 3. By an agreement made in or about February 2019 (Contract) the defndant agreed to provide a financial escrow service to the plaintiff from 15 February 2019. Particulars The Contract is in writing signed by the parties. A copy is available for inspection at the offices of the plaintiff's solicitors during ordinary business hours upon reasonable notice. 4. There were relevent terms of the Contract as follows: (a) the plaintiff is the purchaser of a vehicle 'Morgan' for a total purcase price of $120,000 AUD. Included in the this purcase price is door-to-door shippment. (b) the delivery date of the 'Morgan' is on or before 1 April 2019. (c) $108,000 of the total purchase price to be paid into AAA Finance and Escrow Services to be held in escrow and released on confirmation by Mr Badlu (plaintiff) to AAA Finance and Escrow Service of receipt of the Morgan. Particulars The said terms are in writing in the Contract and are to the effect alleged. 5. On the 15th February 2019 the plaintiff attends the Melbourne branch of AAA Finance and Escrow Service at 110 Bourke Street, Melbourne VIC 3000 where the plaintiff opens an escrow account with AAA Finance and Escrow Service. (a)The plaintiff pays into the escrow account the ammount of $108,000 to be held by AAA Finance and Escrow Services. (b) The plaintiff pays $1,000 AUD to AAA Finance and Escrow Service as a standard fee for the escrow service (c) The plaintiff issues explicit instructions to AAA Finance and Escrow Service 3 of 5

to only release the escrow money on presentation of the appropriate escrow documentation and confirmation that the delivery of the Morgan has been received. Particulars The representations were spcified in the agreement between the plaintff and AAA Finance and Escrow Service. 6. On 1 April the plaintiff contacted AAA Finance and Escrow Service to confirm that the escrow money was still in the escrow account as the delivery of the Morgan had not been received. (a) the plaintiff was advised that the money had been released as the escrow release documentation had been presented. (b) the plaintiff was advised that no other information was available for him at the time. Particulars Explicit instructions had been given at the time of the plaintiff engageing AAA Finance and Escrow Service to not release the escrow money without confirmation that the Morgan had been received. AAA Finance and Escrow Service released the escrow money without he confirmation. To date the Morgan has not been received. 7. On or around May 2019 the plaintiff and AAA Finance and Escrow Service attempted a dispute resolution but was unable to produce a settlement. Particulars The plaintiff attempted to recover the $108,000 escrow money along with $1,000 service fee and some compensation for the ordeal. 8. By reason of negligence shown through the mispractice of AAA Financial and Escrow Service to the escrow money of the plaintiff, the plaintiff has suffered a loss and damage. Particulars The plaintiff suffered a loss and damage of $108,000.00 being the money held in escrow for the purchase and delivery of the Morgan. As the Morgan had not been delivered as per the agreement the plaintiff would have had the opportunity to withdraw the money from escrow however as the money had already been incorrectly released due to the negligence and malpractice of AAA Finance and Escrow Service the plaintiff has been left without his funds. AND THE PLAINTIFF CLAIMS: A. Payment of $80,000.00 B. In the alternative to A, damages pursuant to section 60 Schedule 2 of the

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Compitition and Consumer Act 2010 of $80,000.00 C. Costs of $2,000.00.

DATE OF FILING: 02 May 2019 THIS COMPLAINT IS VALID IF IT BEARS THE COURT NUMBER AND THE DATE OF FILING

Dated:02 May 2019 _____________________ (To be signed by the plaintiff or the plaintiff’s Australian lawyer)

*Delete if not applicable

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