Cedric seeks your advice. Cedric has served a Claim and Statement of Claim on Liu Kwok Wah ("KW") almost 90 days ago for an action commenced in the District Court at Brisbane in relation to a breach of contract. The claim is for $585,000, including interest and costs. In response, KW has stated that there was no contract and even if there was an oral agreement, this type of contract required a written agreement.

You have conducted various searches and have discovered that KW owns a unit in Q1 on the Gold Coast worth $900,000. There is a mortgage in favour of High Flying Finance Ltd, securing a debt of $500,000 on the unit. KW works as an accountant, earning $250,000 per annum.

Advise Cedric on what steps he should take to secure a judgement and the enforcement options available to recover the amount owed. You must refer to the relevant legislation, rules and authorities in your answer.

Would your answer differ if KW's only asset was a super yacht (registered in the Philippines), currently moored at the Sanctuary Cove, Qld marina. The yacht is worth $5 million, and it is unencumbered.

Answer rating: 100% (QA)

Answer To advise Cedric on securing a judgment and recovering the amount owed from KW we need to consider legal options available under Australian law ... View the full answer