Monthly Archives : Month: July 2020
Misappropriation by former director and officeholder
Proctor Phair Lawyers obtains judgment on behalf of client liquidator against former director and officeholder for misappropriation of company funds after the liquidator’s appointment, and successfully enforces the payment of the judgment.
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COVID-19 commercial rent relief
Proctor Phair Lawyers assists client landlord of commercial property with COVID-19 rent relief negotiations with tenant.
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Commercial settlement
Proctor Phair Lawyers assists client to reach a commercial settlement with credit provider, for an amount and on terms favourable to the client, and resume the line of credit required for the business to continue.
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Unlawful Jobkeeper enabling stand down direction
Proctor Phair Lawyers successfully disputes employer’s entitled to give Jobkeeper enabling stand down direction resulting in client retaining full salary and entitlements.
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COVID-19 residential rent relief
Proctor Phair Lawyers negotiates with managing agent on behalf of client tenants for rent reduction in line with RTA guidelines.
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Personal property saved from mortgagee in possession
Proctor Phair Lawyers successfully obtains Court orders allowing client borrowers to access real property to remove their personal property seized by the mortgagee in possession who claimed a charge over their personal property.
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Professional negligence claim
Proctor Phair Lawyers represents a lender in a professional negligence claim against its former solicitor who amongst other things failed to obtain from the land titles office a copy of the registered lease on to a valuation of the property the subject of the security for the loan which resulted in the lender failing to discover annexed to the valuation of the property was forged and lent money on the valuation which was calculated on the incorrect rent set out in the lease resulting in him lending money on an over valued property the result was the lender losing millions and resulting in a damages.
This tested the issue of the extent of solicitors’ responsibilities to the client and the terms of their retainers. The matter settled at mediation with our client receiving a substantial settlement sum and avoiding a costly trial. The client is happy with the result however it emphasises the importance of checking source documents especially where they are an important part of the security.
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