HomeCase studiesPrivate clientsDebt RecoveryNegotiating the settlement of a debt claim against a client who had been served with a statutory demand

Why the client needed our help

Our client had been served with a statutory demand. It has arisen out of a contested landlord and tenant dispute as a result of the client’s previous occupation of a residential property. They needed our urgent help because the time for applying to set aside the demand was about to expire and more time was needed to take instructions on the grounds to apply to set it aside.

How we helped

We approached the claimant saying that it would be necessary – to protect the statutory time limit for applying to set aside – for our client to lodge that application and thus put the claimant at risk as to costs or, to avoid that, invited their consent to an order that the time be extended by two months.

That was agreed and a consent application made to court. This bought the client time which enabled settlement and avoided an application being necessary and the risks involved in doing that.

The outcome

We achieved an overall settlement of the claim.

Key contacts

Sue Brumby

Sue Brumby

Senior Associate

Carly Moore-Martin

Carly Moore-Martin

Senior Associate

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