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Question 3 25 marks Your client is suing for breach of contract. The 2 year contract is in writing and is dated 1 July 2018.

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Question 3 25 marks Your client is suing for breach of contract. The 2 year contract is in writing and is dated 1 July 2018. The defendant, a luxury car sales company registered in Osborne Park, has failed to pay for the luxury cars your client delivered in accordance with the contract. Under the relevant term of the contract (Clause 15.1) the defendant had an obligation to pay, on the first day of each calendar month, the total amount due for the previous month's delivery. Eight luxury cars, each at the wholesale price of $82,500 (including GST) are to be delivered each month. There is a penalty interest clause in the contract (Clause 23.5) which states that for each day that payment has not been received after the due date for payment, the defaulting party must pay interest at 10% p.a. on the total amount outstanding up to the date on which any legal proceedings are issued. Clause 48 states that if the defendant is in breach of its payment obligation, the plaintiff may terminate the contract and sue for damages. It is now 15 July 2020. Your client made all deliveries each month in accordance with the contract. The defendant failed to pay the total amount due for the April 2020 delivery on 1 May 2020. (a) Assuming that you would be attending at the relevant Western Australian Court Registry to issue the proceeding on 15 July 2020: (i) draft an indorsement on the writ of summons to commence the proceeding; and (ii) set out the orders you would seek in the prayer for relief. (h) In whi why?Question4 10 marks You have commenced the proceeding referred to in question 3. The defendant is evading service. A process server has attended several times at the defendant's home address in Cottesloe and at the defendant's business in Osborne Park but on each occasion was unsuccessful. At the defendant's Cottesloe house no one appeared to be home apart from a very large dog. At the defendant's Osborne Park business premises the process server was told that the person to be served was unknown to them. Discuss the type of interlocutory application you would make to address this issue, referring to its form, the type of evidence required to support the application and the orders that you would seek in general terms

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