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Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14359
Experience:  I did my law degree at the University of Queensland
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Continuing on the same theme of the problem we have with this

Resolved Question:

Continuing on the same theme of the problem we have with this man in our shed for the past 2 years. We went to court Monday for the disposal of goods his strike off was dismissed & we have adjournment until after the appeal all costs against this guy another he won't pay. On Tuesday we went to court for appeal he stood up in front of District court judge & told him he did not know what has happen to his lawyer & now he is not represented. Apparently it is to do with finances he owes $2000 & not paid when he was told by judge to pay he stated that he only pays in cash as he has not got a bank acct & because he was in Perth & not home he was unable to pay it until following week (lies). His lawyer was given another time 10.30am the following day to front up. Wed in court his lawyer from Melbourne told the court via telephone that he thought the hearing was for an adjournment & not the appeal itself & he was not ready. Meanwhile the Judge is not happy. Now we go again on 18th July. Last Wed was the 6th adjournment. Our lawyer believes that the Judge is making sure that this man has no reason to go to the supreme court saying that he was denied legal representation. Hopefully this will work in our favour but if by chance we lose has this man then got a case to sue us for not allowing him peaceful use of a lease property. Mind you he has been in there all the time & not paid the rent. If the Judge says there is a lease in place which we are arguing that there isn't because 1.he conned his way into our premises by getting a key off our son while we where away. 2. The negotiations for a lease was incomplete as there is a dispute on the area he was to have control of - he has taken over the area not for lease namely in front of our shed door. 3. In the trial he declared that he was not going to pay us any rent. The magistrate did not say he had to therefore he doesn't have to. 4. Our property Manager was unable to contact him to complete any lease as he would not make himself available. He said he didn't know there was a property manager but that is a lie as I told him unfortunately I didn't put it in an email. He is going around the town telling whoever will listen that he is coming after us & will send us bankrupt. Fortunately the shed is in a Company trustee for family trust so I assume he can only go after this company & not us personally.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane-Lawyer replied 1 year ago.
Fortunately the shed is in a Company trustee for family trust so I assume he can only go after this company & not us personally.

Yes, that is correct.

if by chance we lose has this man then got a case to sue us for not allowing him peaceful use of a lease property.

That is very unlikely. He hasn't paid rent in a long time, and the Court will therefore have little sympathy for him. This fellow seems like a real piece of work, and I empathize with you in having to deal with him.

The silver lining though is that things look like they will come to a head on the 18th. Neither he nor his lawyer will be able to claim they thought it was an adjournment again.

Should you have any other questions, please let me know.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question. Your question can continue even after you leave positive feedback, so if you have any follow up questions please don't be afraid to ask.
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14359
Experience: I did my law degree at the University of Queensland
Brisbane-Lawyer and other Australia Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your answer it is very reassuring. This man is now being investigated for fraud lets hope they pin him down.

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