Our client a NSW based nation wide seller of truck parts and engines was accused of supplying goods not fit for their purpose. the Plaintiff had commenced proceedings in the District Court of Western Australia and had threatened to join our client as defendant seeking a claim for damages in the sum of $170,000.00. We wrote to the solicitor for the plaintiff and applying our mechanical engineering knowledge to the law, and also making reference to our clients terms and conditions of trade (which we had drafted for the client previously) We explained to the Plaintiffs lawyers the legal reasons why such a claim against our client would fail based on the allegations of the mechanical failure that were made, and referred them to the particular clauses in our clients terms and conditions which protected our client.
The Plaintiff’s lawyers could not reply to the mechanical logic in reply to their clients allegations without engaging a mechanical diagnosis expert, nor could they argue with the pursasive legal analysis we provided, thus they confirmed they will not join our client to the proceedings.
Suffice to say, our client was very pleased with the outcome.