We believe that every person is entitled to have the benefit of good legal advice for a reasonable fee

Proctor Phair Lawyers represents a commercial investor in its purchase of a commercial property subject to an agreement for a right of way.  The right of way allows the adjoining properties to pass and re-pass which is significant as it means the clients lose control of the area of land on the easement because they cannot park on the easement and cannot use that part of the land to build and it must always remain open to enable its use.  This would have meant that given the size of the area occupied by the easement the clients or their prospective tenants would not have been able to park on the property.

We have through negotiations with the vendor solicitor amended the terms of the easement because the original position of the easement meant the easement and the tenants rights could not co-exist so that on settlement when they enter into possession of the property the clients or their prospective tenants are entitled to park their cars on the easement at any time and access to pass may be arranged if it is required by the adjoining properties.  All the parties are happy with the result that has avoided disputes later on.

Read More

Proctor Phair Lawyers represents an employee in a bullying and harassment case against one of the big banks.  After negotiations with the bank the client, who did not wish to return to work for the bank, received a substantial payout and a good reference.  The matter was settled avoiding a costly and emotionally draining trial for the client, and allowing her to get on with her life.

Read More

Proctor Phair Lawyers represents a client in its claim against one of the big banks that it allowed an unauthorised person to make withdrawals from the client’s bank account totalling close to one million dollars over a period of six years.  An authority was originally given to the unauthorised person however it was withdrawn days later and the client nominated himself as the sole authority.  Such authorisation was given to the bank in accordance with the bank’s instructions and representation that it would revoke the prior authorisation and give the client sole authority, however it did not have that result.

Prior to engaging Proctor Phair Lawyers the client had made a claim privately against the bank however his claim was rejected on the basis the bank found he should have been more diligent in taking care of his own affairs.  The client came to Proctor Phair Lawyers and we instituted proceedings on his behalf and adduced detailed evidence to show that the bank was liable and on this basis the bank came to the table and agreed to mediate the matter.

The matter was settled at mediation and the client is happy with the result as he received a substantial settlement sum and avoided a costly trial.  An important matter which came out of the evidence is the ease with which a fraudster can change documents online, the client not discovering the withdrawals due to the bank statements having been changed by the fraudster before they were submitted to the client’s accountant.

Read More

Proctor Phair Lawyers assists a client in protecting her intellectual property online resulting in the desired result for the client being the website of the infringing party was closed down and the infringing party’s Facebook page was removed.

Read More