Successful Recovery of Funds for Plaintiff

Successful Recovery of Funds for Plaintiff



Real Experience – Successful Claim for Debt Owed, Interest & Costs

Recently, Aitken Whyte Lawyers successfully represented a plaintiff in proceedings in the District Court of Queensland.

The Parties

Aitken Whyte Lawyers acted for the Plaintiff in the proceedings.

The Plaintiff loaned a significant amount of money for a property development to a company, which became the First Defendant.

The Second Defendant to the Court proceeding was the director of the company.

Situation Giving Rise to the Dispute

The money leant to the company was not repaid to the Plaintiff, despite the due date for payment passing and the Plaintiff making demands for payment.

Steps Taken before the Dispute to Protect the Plaintiff’s Interests

The repayment of money to the Plaintiff was guaranteed by the company director.

The parties had signed a loan agreement which included:

  1. a clause charging real property (land) to secure the repayment of the money to the Plaintiff; and
  1. the director’s guarantee, so that the Second Defendant could also be pursued.

Broadly speaking, section 56 of the Property Law Act 1974 (Qld) requires guarantees to be in writing and signed. Sections 11 and 59 of the Property Law Act require a charging clause over real property to be in writing and signed.

Our client’s documents complied with the statutory requirements, so the charging clause and guarantee were enforceable.

Steps Taken Once a Dispute Arose

Our client, the Plaintiff, lodged a caveat over the relevant real property before commencing Court proceedings.

Aitken Whyte Lawyers are experienced in property litigation and advised our client on the immediate steps to take to protect their interest and to maintain the caveat.

We acted quickly for the Plaintiff and prepared the Claim and Statement of Claim, and filed them at Court on behalf of the Plaintiff, commencing the proceedings against the company and its director (the Defendants).


The Plaintiff’s claim was successful, as the Defendants paid the total amount owing to the Plaintiff, including interest and legal costs.


In business dealings, it is important to have your documents properly drafted by experienced commercial lawyers to protect your rights then and in the future.

Even with proper precautions, however, disputes can arise. When that happens taking swift action is the best way to expediently resolve the matter.

This case goes to show the benefits of commencing Court proceedings and having your initial documents, including the Claim and Statement of Claim, in order.

Aitken Whyte Lawyers have significant relevant experience in civil and commercial litigation and will aggressively litigate on your behalf.

Focused on Results

It is essential you have experienced solicitors when commencing Court proceedings. If you have made a demand for payment without results, or there is money owing to you or your business, our Litigation Team will make sure your rights are protected.

Aitken Whyte Lawyers Brisbane are focused on results. We can assist you with claims before the Supreme and District Court, Brisbane, and wider Queensland Magistrates’ Courts.

Our solicitors can assist you with all debt recovery claims. Call today to speak directly to a civil solicitor about your needs.

Office Location and Contact Details


Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000

Ph: 07 3229 4459
Fax: +617 3211 9311