Your client, Simeon Pty Ltd is a surfboard wholesaler based in Torquay. Late last year, Simeon Pty Ltd placed an order with a United States based manufacturer for $6million AUD worth of surfboard equipment.

At the request of the American manufacturer, Simeon Pty Ltd placed the order with Frisco Pty Ltd. Frisco Pty Ltd is wholly owned and controlled by the American manufacturer.

The agreement is that $3million AUD is to be paid now and the balance to be paid upon delivery. Simeon Pty Ltd deposits $3million AUD into Frisco's Pty Ltd's account at the Melbourne Branch of the Commonwealth Bank.

Frisco Pty Ltd and the American entity both told Simeon Pty Ltd that they will let it know when the goods will be ready for shipping but to expect delivery in about 3 months.

Six months elapse and the equipment have still not been delivered. Simeon Pty Ltd then asks Frisco Pty Ltd for a refund of it's money. Frisco Pty Ltd refuses.

Simeon Pty Ltd then commences legal proceedings against Frisco Pty Ltd for breach of contract. The litigation is expected to take two years.

Simeon Pty Ltd knows Frisco Pty Ltd is just a small shopfront for the American parent company and is unlikely to have assets other than Simeon Pty Ltd's deposit that would satisfy the damages sought of $3million AUD.

Advise Simeon Pty Ltd on the action to take to maximize the chances that Frisco Pty Ltd will be able to satisfy a judgment debt if the court orders that outcome.