Tag: contractual

Recently, Circle Bridge Legal successfully attained a stay of executing a writ for possession of land in a property matter. This case study looks at our work in this case and the comments of a Justice in the Supreme Court of NSW reflecting positively on our contribution.

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Recently, in the case of Priority Lending Australia Pty Ltd v Martinsville Pty Ltd [2020] NSWSC 1889, Circle Bridge Legal successfully attained a stay of executing a writ. This writ was for possession of the land. A writ of possession is a legal document that seeks to transfer the possession of property held by one party to another party. A ‘stay’ could be thought of as a delay or an extension. By staying a writ, that transfer is delayed, allowing a party to retain possession of the property for an extended period.

Context:

Here, the defendants, represented by Circle Bridge Legal, sought to stay a writ of possession, which was due to take effect on 18 December 2020.

The case was heard before Hamill J (as Duty Judge) of the Supreme Court of NSW. Before that, on 8 December 2020, Wright J ordered to stay the execution of the writ until 18 December.

The initial writ was extended to allow our clients to refinance and avoid hardship that may face the various people living on our clients’ land.

The current case was heard on 18 December, highlighting the urgency of our client’s matter. Had it not been for Circle Bridge Legal, the writ of possession would have been actioned, and our clients would have lost possession on the day of judgment.

Our Advocacy:

We argued that the debt of approximately $2 million was significantly higher than a contract of sale for the land at $1.2 million. Selling the land would have represented a massive shortfall to meet the debtor obligations. The court acknowledged that this argument swayed in favour of an extension.

Moreover, we successfully demonstrated that our clients were using other parcels of land as security for refinancing. Given one of the bases for the previous staying of the writ was our client’s commitment to refinancing, we successfully argued an extension on that basis.

Furthermore, alongside our client’s willingness to refinance, Circle Bridge Legal successfully raised that families living on the clients’ property would face severe health risks and hardships if the writ was executed.

Our Success:

As the result of our arguments, we successfully argued for a stay of the writ, or in other words, postponed the execution of the transfer of possession.

An impeccable reputation:

For the same matter, we also acted in a second case to set aside a default judgment of over $1 million. This matter was heard by Adamson J of the Supreme Court of New South on 14 July 2021. The judge highlighted and acknowledged Circle Bridge Legal’s reputation and impeccable client service. In paragraph [38], her Honour noted, “Circle Bridge acted quickly to bring on the application for a stay and to file a notice of motion to set aside the default judgment.”

Furthermore, in paragraph [39], the court acknowledged that had Circle Bridge Legal been instructed instead of our clients’ previous solicitor, we would have successfully raised a defence on time that would have avoided the need to set aside a default judgment.

From assisting our clients in need of support to being recognised for our exceptional legal advocacy in the Supreme Court, Circle Bridge Legal has continued to reach new heights. Our success, in this case, is one of many victories, and Circle Bridge Legal prides itself on delivering legal solutions. If you require legal assistance, get in touch with us, and we will endeavour to support you.

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If you need legal assistance regarding your property matter, get in touch with us to see how we can assist you. 

Many contractual disputes happen because of poorly worded contracts of the entire absence of one. Our Principal Solicitor, Firas Hammoudi, shares our top 5 tips for avoiding contractual disputes.

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For a construct that we may describe without exaggeration as one of the cornerstones of modern society, the contract sure isn’t done justice.

It is incredible just how much we contract on a daily basis in every facet of our lives. From boarding public transport to using our phones, buying our houses, using every conceivable app for every conceivable purpose, the modern contract comes in a variety of complexities. From Terms and Conditions we agree to all the way to formal, 50-pagers we sign for a myriad of activities.

Yet in my practice every single day, it astounds me how often our firm is involved in untangling disastrous contractual conflicts, many of which are entirely avoidable.  

Most of these troubles result from both individuals and organisations entering poorly drafted contracts that lead to an ensuing mess.

Too often, clients come to us after seemingly promising arrangements go pear-shaped, relationships become soured, and where there seems to be no evident solution.

The aftermath can be quite costly. At any particular time, our firm is in the midst of a substantial number of our clients going through the courts that centre on the construction of regrettable and painstakingly avoidable contractual issues.

Reflecting on this, below are our top 5 tips to avoid the avoidable contractual disputes in your everyday dealings.

1 – Document, Document, Document!

Many casual business relationships often see our clients entering into agreements based on a ‘handshake’ agreement.

Often, these ‘handshake’ agreements or ‘gentlemen’s arrangements’ are later amended into poorly written contracts (if at all) – often times functioning more as a supplement to the oral agreement between parties. Other times, the contract is based entirely on this handshake.

Nothing is as disheartening as being told this, especially by clients that are otherwise involved in sophisticated, high-value business deals in other contexts.

What these oral contracts almost certainly lead to is very different, subjective understandings of the various terms of the arrangement.

These often mean the different parties hold certain expectations of each other, many of which will not be met.

This is solved by doing what is at the core of the modern contract: drafting it in detailed, well-written terms.

Write all expectations, all deliverables you require, and how and when these will be achieved. And do the same for your counterparty: make sure your counterparty also knows exactly what they’re getting into.

Without exaggeration, a well-written, thorough contract is the only solution to avoiding most avoidable commercial disasters.

2 – Guaranteeing your contract is correctly drafted

Knowing the importance of having a well-written contract is one thing. Actually putting one together is another.

It is easy to get into the pitfall of believing what you are trying to achieve in a commercial or individual context is straightforward and doesn’t need expert drafting or experience.

But any seasoned lawyer can tell you, this is not the case. Not only can the professionals give you the peace of mind of having a comprehensively written contract, they can also leverage their expertise to secure terms more favourable for you. There is an entire industry (the legal profession) that revolves around contracts for a reason. They are not easy to draft and every word can and does mean something: meanings that have been shaped and fashioned over centuries of legal development. 

The professional input is not only vital to putting the wording of your contract through the stress test of ambiguity, but also extracting optimised value from your intended arrangement; both of these are ingredients for a successful venture or relationship.

3 – Being conscious of your counterparty’s needs

While one aspect of writing a contract is ensuring you get the most out of your deal, considering what is expected of you is just as vital.

The other party to the contract will have specific needs and requirements in mind when entering into a contract with you.

Knowing the ins and outs of the terms outlining these expectations, as well as disciplining yourself to give due consideration to these terms, will result in a satisfactory partnership – something that can also mean favourable conditions in future transactions within this relationship.

4 – Knowing the stakes

In figuring out how closely to analyse a contract, the simple starting point we advise all clients on is to reflect and appreciate in detail the potential consequences of something in the contract not being adhered to, or left ambiguous at their expense.

Know what is at stake and allow the potential costs to you be a motivating force in driving you to be thorough in the often-tedious task of becoming familiar with what your counterparty in this contract expects of you.

5 – Include clear mechanisms to resolving disagreements

Disagreements happen. They are a part of life.

Outlining how to resolve these conflicts is a necessary part of a contract that highlights the difference made by having a professional involved.

Including dispute resolution, governing law and jurisdiction provisions clarify to both parties how and where to look for resolutions when friction arises.

Contractual disputes can be avoided. But they are also a fact of life. If you’ve done all on your part and are confident of having done so, you can rest easy. And if and when something does still go wrong, you can likely be comfortable that the law will be on your side.

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If you need legal assistance regarding the terms of a contract or need helping in drafting a holistic one, get in touch with us to see how we can assist you.