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Case Study: How Our Lawyers Handle Commercial Disputes At Your Best Interest?

Anfernee Lai Perth, Blog & Articles, Civil Litigation, Commercial Disputes; Business Disputes Perth, Litigation, Partnership Disputes, Shareholder Disputes, Tang Law, Tang Legal

These cases studies are based on real life situations, client names and images may have been changed to protect privacy. Each case study generally represents the experiences clients will have, however, each client has their own subjective goals and requirements to suit those specific goals and requirements. Thus, these case studies may not be deemed to create any warranty or representation that any other clients’ experience will be the same as the experience identified herein.

Genuine Story

Mr Chan was a successful entrepreneur in China who entered into joint venture agreements with Mr Smith with respect to property developments in Western Australia.

After the first project, Mr Smith invited Mr Chan to roll over his capital and profits, in excess of $1 million, from the first project into a second property development project.
After the second project, from which multi-millions of profits were made, Mr Smith again invited Mr Chan to roll over all his monies in the project into a third property development project. Mr Chan disagreed and requested to have his capital and profits from the projects returned to him.

Mr Smith refused. To the surprise of Mr Chan, Mr Smith secretly removed Mr Chan as a director of the company as well as issued more shares to himself.

 

Mr Chan engaged our firm to assist him to recover his capital and the agreed profits. Over the years, Mr Chen has invested approximately $1.2 million into the projects.

Solution

We were instructed by Mr Chan to commence proceedings in the Supreme Court against Mr Smith to recover his capital and the agreed profits.
Simultaneously, we assisted Mr Chan to successfully obtain a Freezing Order against Mr Smith which prevented Mr Smith from disbursing his personal assets as well as assets (including substantial amount of cash) held by the company.
Mr Chan and Mr Smith were unable to reach an out of court settlement and the dispute had to be determined by the Supreme Court after a 10 days trial.

Outcome

Mr Chan was successful in obtaining judgments from the Supreme Court in his favour for a sum in excess of $3.1 million plus recovering $300,000 in legal costs.

About the Writer

Kelvin Tang

Kelvin has over 14 years’ experience practising law in Western Australia. He is the founder and Principal Partner of Tang Law based in Perth, Western Australia. Kelvin is a Registered Migration Agent (MARN: 1386452) and has extensive experience in providing service on Commercial Law, Dispute Resolution & Litigation, Family Law, Wills & Estate Planning and Settlements.

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