How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Daniel Your Own Question
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5055
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
13248794
Type Your Australia Law Question Here...
Daniel is online now
A new question is answered every 9 seconds

I was named the defendant in a civil claim, although I had

Customer Question

I was named the defendant in a civil claim, although I had no arrangement with the plaintiff - he had a verbal agreement with a company (pty/ltd) at best and i happened to be the MD
JA: Has anything been filed or reported?
Customer: yes statement of claim
JA: Anything else you want the lawyer to know before I connect you?
Customer: how can Iplead my defence as not being the right person - if the claimant want to sue he must sue the company
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: NSW
Submitted: 1 month ago.
Category: Australia Law
Expert:  Daniel replied 1 month ago.

Hello
I would first send them an email demanding that the matter be withdrawn and dismissed as they sued the wrong person / entity.

That will give them the opportunity to do so and a court will look fondly ***** *****

If they ignore, then file a defence by simply stating the paragraph in the pleadings as:

1. The Plaintiff has initiated proceedings against the wrong entity / person.

2. Costs.

Costs means they will pay your legal bill if you are successful.

Here are the forms:
http://www.ucprforms.justice.nsw.gov.au/

I wish to help you in this situation.

Expert:  Daniel replied 1 month ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 1 month ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 1 month ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 1 month ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 1 month ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 1 month ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 1 month ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 1 month ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 1 month ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Related Australia Law Questions