Minor claim- Correct names?

[Doovalacky]

I recently paid a certain company to supply and install an item at an IP.
5k deposit covering materials was required. It was a custom colour and others quoting had same demand. They had been around for some time and were not a "1 man show".

Unfortunately said company stopped returning calls, shut up shop locally and is only operating in another town now. They have not filed for bankruptcy yet.

After multiple attempts at communication I filed a minor claim against them using the details found via ABN company extract.
No dispute of minor claim and I got a default judgement against them issued by Magistrates court.

Took the next step of a means inquiry and they did not show at this either.
However apparently I did not name the defendant correctly and the Magistrate has struck out the minor claim.

I have spoken to legal aid and another lawyer and both were unsure of what I exactly did wrong. However I got the impression they were not experienced in filing minor claims.

Looking for someone who has some experience to look at the ASIC extracts and tell me what I have to enter for the "Defendant" name on the minor claim.
Then the "Judgement Debtor" and "person to be summoned" on the Means inquiry.

 

[thatbum]

I deal with a fair amount of minor case claims - although not particularly a great amount of enforcement work.

It sounds pretty strange that the Magistrate "struck out" the claim. What was the reasoning?

 

[Terry_w]

The legal name of a company is the name xx Pty Ltd (ACN 111 222 333). You can confirm this on ASIC free search.

But you must be sure that you are dealing with the same entity always. Many companies have slightly different names - it is the ACN that distinguishes them.

 

[Doovalacky]

Right, I am guessing I had a dick for a Magistrate then as that is what I had exactly. Even to the acn after name. However the acn is not to a PTY/LTD company, from the info looks to be a trust.

Am I correct in thinking the "person to be summoned" should be the director's full name?