Your client, Luminous Pty Ltd is a furniture retailer based in Melbourne.

Your client, Luminous Pty Ltd is a furniture retailer based in Melbourne. Late last year, Luminous placed an order with the Chinese based manufacturer for Six Million AUD worth of furniture. At the request of the Chinese manufacturer, Luminous placed the order with Ming Pty Ltd. Ming Pty Ltd is wholly owned and controlled by the Chinese manufacturer.

 The agreement is that $3million AUD is to be paid now and the balance to be paid upon delivery. Luminous deposits $3million AUD into Ming’s account at the Melbourne Branch of Westpac.

 Ming and the Chinese entity both told Lumionus that they will let them know when the goods will be ready for shipping but expect delivery in about 3 months.

 6 months elapse and the goods have still not been delivered. Lumionus then asks Ming for a refund of their money. Ming refuses. Luminous then commences legal proceedings against Ming for breach of contract. The litigation is expected to take 2 years. Luminous knows Ming is just a small shopfront for the Chinese parent company and is unlikely to have assets other than Ming’s deposit that would satisfy the damages sought of $3million AUD.

 Advise Luminous on the action to take to maximise the chances that Ming will be able to satisfy a judgment debt if the court orders.