If you have a customer who is tardy with paying your invoices
then you’ll need to be careful you don’t SHOUT when demanding that they
pay. The recent decision of Trenfield v HAG Import Corporation
(Australia) Pty Limited (No. 2) in the Queensland District Court involved
the question of whether a creditor reasonably suspected that a debtor was
insolvent. The creditor wrote in an
email to the debtor that they were unable to pay their debts and in a follow up
email the creditor demanded payment “in a
much larger font, which I suspect is the email equivalent of shouting”, so
said Justice McGill in his judgment. In
this case the shouting email worked against the creditor.