If you feel you have been "ripped off" or ill-done by
in a commercial matter, beware! This emotive response can sometimes
lead to poor judgement when deciding whether or not to litigate in
certain situations. Simply being "right" is not always
synonymous with being commercial. Time and time again a litigator
is required to ensure that his or her client understands the
commercial realities of pursuing their principles.
The Harsh Reality
Unfortunately, when litigating commercial matters, even if you
are guaranteed a 'win' in the Court, you may end up losing
considerable money and time in the process.
The Local Court of New South Wales has a monetary jurisdictional
limit of $100,000 or $120,000 by consent. However, there is a
further separation between the small claims division (up to
$10,000) and the general division ($10,001 to $100,000, or $120,000
by consent). This division has a major effect on the amount of
costs that can be awarded to a successful litigant.
