News & Insights
November 2015: Favorable Result for Mining Equipment and Necessary Services’ Supplier in Civil Litigation Case
Ashid Advocates LLP successfully obtained a very favorable settlement for client Australian invested corporation (the “Client”), which engages in mining equipment supply and related mining services, in a contract breach suit filed by an Australian citizen D at the first instance civil court of Bayangol, Khan-Uul, Songino-Khairhan district. D was seeking a monetary compensation in damages that would be payable in US dollars against the Client. Prior to our Client hiring us on this case, the Client already admitted all claims brought to the Court and provided the response statement to the Court in admitting the total claimed amounts payable in US dollar and payment schedules. Ashid Advocates LLP took the case one day prior to court hearing. The Client did not want to dispute the claim. The court hearing took place on 30 October 2015, therefore our settlement was approved by the Judge.
After completing some initial discovery (failure of D’s tax income payment, etc) and participating in a settlement approach before the Court, Ashid Advocates LLP was able to secure a favorable settlement in which our client will pay far less amounts than original demanded by D, and the amounts will be payable in Mongolian currency rather than US dollars, and all claims will be waived against the Client.
During the settlement, D and his lawyers continued to demand a significant large sum from our client. In the end, despite pressure from both D and his lawyers, Ashid Advocates LLP convinced the parties and the Court to allow our client to pay less in Mongolian currency, without any specified time, no advance payment, in exchange for dropping our counterclaim against D.