Do as the Court tells you

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Due to the onus being on the consumer to prove his claim against our client and having not filed any such documentation, it was requested the claim be struck out.

Author: Roxanne Bradley
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This article is 5 years old.

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A Claimant (consumer) issued proceedings against our client, although  we were advising and assisting our client before proceedings were issued, the Claimant was not happy with the answer they had received, so they issued further proceedings which we again assisted with defending the claim.

Proceedings take months and certain orders given by the Court need to be followed by both parties. One of the orders is a Witness Statement from each party, to be filed with any evidence the party intends to rely on at the future hearing. A copy must be filed with the other party as well as the Court. In this particular case, the Claimant did not follow the order and as such no Witness Statement nor documentation of evidence was ever served to the Court or our client.

Due to the onus being on the consumer to prove his claim against our client and having not filed any such documentation, it was requested the claim be struck out.

The Judge agreed and the claim was dismissed as well as costs being awarded to our client!

The case is an example of the need to follow the Court orders given.

Roxanne Bradley

Legal Advisor

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