Statement of claim

Statement of Claim - Task 1, Activity 3 This claim in this proceeding is made in reliance on the following facts: 1. At all material times: (a) the plaintiff is a company duly registered under the Corporations Act 2001 (Cth) ACN 98 001 231 423 and capable as such of suing in its company name; (a) the plaintiff is a company duly registered under the Corporations Act 2001
(Cth) ACN 98 001 231 423 and capable as such of suing in its company name; a) The plaintiff is a company called Building Box Pty Ltd duly registered in WA under the Corporations Act 2001 (Cth); b) The plaintiff was in the middle of construction for the defendant pursuant to the terms of a business contract (the "contract") entered into between the plaintiff and the defendant on or about 22 August 20XX; c) The defendant operates under a business called Moonshine Investments, ABN 54 987 123 654. 2. The terms of the contract was that the plaintiff would construct and renovate the two commercial properties for the defendant for a price of $1,100,000 plus GST 3. The express terms of the agreement were: a) The plaintiff would upgrade and amend the two properties b) The defendant would pathe plaintiff in progress payments c) Any variations made to the buildings by the plaintiff must be approved by the defendant in writing d) The defendant must pay the money within 28 days upon receipt of the invoice 4. The contract was agreed and signed by both parties Performance Kewdale Property 5. The first progress invoice was $400,000 plus GST sent on XX August 20XX in accordance to clause 3 and 4 of the agreement , for the rectification work to get Kewdale waterproofed and for replacing the roof. The amount was paid 8 days later. 6. After the first progress payment, Moonshine asked Building Box to replace the lighting at the Malaga Property to Karnby max high performance low glare lightning. Particulars
This was not originally on the contract. Building Box provided an estimate on how much the lights would cost and the price was agreed on by Moonshine via a phone call. Malaga Property 7. Four months later ( 8 months ago ) another progress invoice was sent for $330,000 plus GST. This was for the work done on the roof and wall repairs at the Malaga property. 8. Another invoice was also sent for the supply and installation of the Karnby lights which was $105,500 plus GST. Particulars These lights were imported from the USA and costed more than expected by Building Box. 9. Two weeks after the invoice for the second progress payment, Moonshine transferred $172,000 to Building Box via electronic funds transfer and told Building Box the bank would not let her take out more money. 10. Building Box gave Moonshine two more weeks to pay rest of the money and if it was not paid by then, Building Box would have to cease work as they would not be able to pay the contractors. 11. Three weeks later lightning struck at the Malaga property which caused substantial damage to the property. Particulars Moonshine sent an email to Building Box regarding the lightning causing a fire and damaging the Malaga property. Moonshine also disputed that she gave any instructions for the installation of the Karnby lights. Repudiation 12. In breach of clause 12 of the Agreement, Moonshine has failed and continues to fail, to pay the Second Invoice and additional money for the Karnby lights. 13. Moonshine's failure to pay rest of the second invoice and additional money by the due date or at all is a repudiation of the Agreement. Particulars
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