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Mercantile Legal – whatever it takes

Mercantile Legal has the knowledge and experience to take matters to completion, and ensure that costs are recovered. In a recent action where a debtor had agreed to pay out the debt upon settlement of his property, Mercantile Legal followed through with the agreement despite the debtor’s attempt to avoid paying from the settlement.

Two weeks prior to the settlement of the property it became apparent that the debtor’s conveyancing solicitor had not received instructions to make the client’s debt part of the settlement proceeds. Attempted contact with the debtor and his solicitor produced no results, and settlement was imminent. While providing ample warning to the debtor to better secure the likelihood of a costs order in our favour, Mercantile Legal pushed for agreement right up to the day before settlement. When it became apparent that the debtor had no intention of making the client part of the settlement, Mercantile Legal succeeded, with four hours notice, in achieving an injunction with orders that the sale proceed, but any proceeds above the first mortgagees payout to be held until further orders of the court were made.

The result was that the debtor changed his instructions and the client received full payment of their debt and some of the costs of the Supreme Court action at settlement. Three days later the Court ordered all costs payable by the debtor. The injunction costs, inclusive of counsel and filing fees, were under $7,000.00.

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