“A single misstep in a legal document can cost millions—or sink a company.”
Take the case of a Canadian firm locked in a $500,000 dispute in Australia, dubbed the “Quay Payment.” The plaintiff’s Statement of Claim, filed in New South Wales, accuses the defendants—likely QuayCorp and associates—of breach of contract, misrepresentation, and pocketing funds that weren’t theirs.
A Solid Foundation, But Room to Build
The claim lays out three clear grievances: a broken contract, false promises, and a $500,000 hole where the “Quay Payment” should be. It’s backed by evidence—WhatsApp chats, invoices, proof of payment—but small cracks could let the case slip.
“The Plaintiff is a foreign corporation recognized and authorized to sue in New South Wales under the Corporations Act 2001.”
The Deed of Agreement, the heart of the dispute, is mentioned but not attached. Labeling it “Annexure A” ensures the court sees the full picture.
Taming the Wild West of WhatsApp Evidence
In 2025, business deals often live in WhatsApp threads, but courts don’t trust texts without proof they’re real.
“WhatsApp threads are the new battleground—but courts want proof, not screenshots.”
Adding a note such as “The Plaintiff reserves the right to rely upon forensic evidence to verify electronic communications” closes that loophole.
Proving Bad Faith, Step by Step
The claim accuses the defendants of repudiation—but it needs to show the plaintiff tried to resolve things first. Referencing a Letter of Demand with strong language helps position the plaintiff as reasonable.
“This is your final chance to return the funds by November 21, or we sue.”
Misrepresentation claims must connect false promises to real harm: “Without those false promises, the plaintiff wouldn’t have sent a dime.” Leveraging Australia’s Consumer Law can also broaden the legal footing.
Small Details, Big Impact
Currency conversion must be cited. Use a source like the Reserve Bank of Australia—e.g., 1 USD = 1.60 AUD. Consider a Mareva injunction to freeze assets and reserve the right to seek one in the claim.
Also, don’t just seek standard legal costs. Push for indemnity costs if bad faith is clear. Declare the Deed terminated due to fraud or repudiation—it’s a strategic lever.
The Bigger Picture: Why Claims Matter
This case reflects a broader trend. With more cross-border disputes—startups, real estate, finance—the strength of your initial claim can define your outcome.
“This isn’t just about one company’s $500,000. A shaky claim can derail a business, while a tight one can save it.”
Push for early disclosure of records. Procedural discipline is often the difference between a win and a write-off.
Want Help Building a Bulletproof Claim?
AltFunds Global supports clients navigating high-stakes global finance and legal disputes. If you’re preparing a claim or facing cross-border complications, get in touch today.