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 N Cal Attorney Your Own Question

N Cal Attorney
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 8079
Experience:  Since 1983
Type Your Business Law Question Here...
N Cal Attorney is online now
A new question is answered every 9 seconds

We have prepaid $89K AUD for an import shipment for seafood

Resolved Question:

We have prepaid $89K AUD for an import shipment for seafood product from a company based inThailand and we have been unable to receive any product or a refund for 12 months - his business is based in Thailand and when we threatened legal action he threatened to go bankrupt. He is trading and we have regular contact with the manager, however there is always an excuse as to why they cannot give us a refund or deliver the product. We have offered them a repayment plan of $20K per month to repay this debt, however they will not agree to this - they just keep saying they are working on a solution. Are there any solutions?
Submitted: 5 years ago.
Category: Business Law
Expert:  N Cal Attorney replied 5 years ago.
The only solution may be to sue. Is there a written contract?
Customer: replied 5 years ago.

No, there is no written contract. The previous GM here paid it in good faith. We have two invoices from the supplier requesting payment in two instalments (which were paid totalling approx $89K), however there was no physical written contract re this. If we sue, do we seek the advice of an attorney in Thailand? Any idea of costs or what our chances of recovery would be?

Expert:  N Cal Attorney replied 5 years ago.
We have to determine where the contract was made and where it was to be performed.

Who made the offer, where, and who accepted, where?
Did the seller agree to deliver to you in Australia. or just to deliver it to a shipper in Thailand?
Customer: replied 5 years ago.
The offer was made over the phone (according to a fax I have here on the vendors letterhead) and our previous GM would have accepted the offer, then we had a letter faxed to us on the vendor's letterhead with a company seal stamped and signed by the Managing Director (the person we have been dealing with trying to get a refund) requesting us to pay in advance AUD $44993 to be paid directly to their bank account. He stated in this fax that shipment delivered to Australia would be ETD April 2008. We had a second request under similar circumstances. Our previous GM has dealt with this vendor in the past for a couple of years and has prepaid for stock and has never had any issues.......until now.
Expert:  N Cal Attorney replied 5 years ago.
So the offer was made in Thailand and accepted in Australia, and the vendor agreed to tender performance in Australia. IMHO the Courts of Australia have jurisdiction over this contract and yotu can sue the Thai seller in Australia. The contract was made in and to be performed in Australia, and those are both bases for Australia to assert jurisdiction.

http://www.hg.org/law-firms/Commercial-Law/Australia/Brisbane.html lists commercial lititgation attorneys in your area. I would contact a local attorney to pursue this.

If the Thai seller is suddenly served in Thailand with a lawsuit filed in Queensland they might decide it is cheaper to obey the contract or give you a refun than it would be to fight a losing lawsuit in Australia.

I hope this information is helpful.
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 8079
Experience: Since 1983
N Cal Attorney and 6 other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA