Navado News |
This is our Newsroom, where we may relay information to you, relating to matters we have handled in our firm. From time to time, we may also place some publications in our Newsroom. We will now set out a few "Case Studies" for you, to give you a taste of some of the types of matters we have worked on.
Corporations / Insolvency Law
An Order was made by the Supreme Court of New South Wales to Wind Up our client's Company. We filed the appropriate Application, seeking an Order, under the Corporations Law, to terminate the Winding up. We obtained a temporary stay of the Winding up on the first return date of the Application and the Winding up was terminated without fuss on the second and final day of the Application. The entire matter, from the point of filing at Court, to the termination of the Winding up, was completed in a matter of a few weeks.
Family Law & Criminal Law
Our client was involved in very heavy Family conflict with his ex-wife, for over two years. Over the years, four (4) separate Court Orders were made in this matter, three relating to Children's matters (stemming from Applications filed by our client) and one relating to a Property Settlement (also stemming from an Application by our client). The matter involved serious allegations and extended to include Criminal matters, primarily involving Apprehended Violence Orders and breaches of the same, as well as assault Charges. Our client had access to Sydney's leading Family Law and Criminal Law Barristers and despite the hardship that stemmed from our client's decision to terminate the relationship, our client is today enjoying access to his child, has retained a reasonably high share of his property, is officially divorced and moving on with his life.
Building & Construction Law
Our client stopped a cheque for alleged non-performance on the part of Construction Managers of the shop fit-out of our client. Our client was sued for the cheque in the Local Court and whilst with its previous Solicitors, Judgment was entered against our Client in the Local Court. When we got involved, we set judgment aside in the particular Local Court, filed a Cross-Claim in the District Court for an amount in excess of the Jurisdictional limit of the Local Court and had the matter transferred to the District Court. We then obtained expert evidence to establish our client's loss and damages as a result of the Negligence of the Construction Managers.
Conveyancing / Property Law
Our client purchased a property. After exchange of Contracts, but prior to settlement, a pipe burst within the property. We caused the Vendor's Solicitor to accept responsibility for this and we applied the black letter of the Contract vigorously, to the benefit of our client, so that if the matter was to proceed to settlement, we were insisting that, pursuant to a clause in the Contract, a substantial sum of money would be deposited with the Agent, pending resolution of the Dispute. This caused the Vendor, who was initially attempting to force the Purchaser to settle, to then offer to rescind the Agreement, which the Purchaser agreed to do.
Commercial Litigation (Federal Court)
We acted for the Original owner of a Trade Mark, used in a particular industry, which Trade Mark our client alleges was infringed by another chain within the industry. We filed an Application in the Federal Court of Australia and after a heated dispute between the parties in relation to the issue of Discovery, the matter continued and was eventually settled on the basis of a payment of a substantial amount of money to our client, in return for him transferring his Trade mark to the Competitor.
Business, Commercial & Franchising Law
We represented a Company that had lent a substantial amount of money to a Mortgagor, on the basis of that our client's Mortgage would, essentially, remain unregistered whilst the Mortgagor's re-financing continued, only to learn that the Mortgagor, in breach of the Mortgagor's then unregistered Mortgage with our client, borrowed further funds from another Mortgagee, and had the Mortgage to the other Mortgagee Registered in priority to our client's Mortgage. We had the Mortgagor acknowledge their breach, had our client's Mortgage Registered and then increased the level of Security in favour of our Mortgagee client. We then issued Sale Notices, looking to sell the Mortgagor's house, in order to recover most, if not all, of the moneys owing to our client, at which point the moneys were repaid in full, with interest.
Commercial Litigation (District & Supreme Courts)
We have represented a Franchisee in relation to a Franchise dispute, brought against our client in the Supreme Court of New South Wales, Equity Division. Our client eventually settled the matter and was able to get on with her life and continue to run her business.
