Attorney Sarah Haddad's Legal Cases

Litigation

Directors Of A Club Domestic Business Corporation Suing Other Directors Of The Club For Breach Of Fiduciary Duty

Nov 23, 2016

OUTCOME: The case settled between the Directors.

Directors of a club, which was a domestic business corporation, sued other directors of the club when they refused to allow these directors, upon request, to review the financial records of the company ... . There were specific allegations that there were unexplained distribution of moneys recorded in the financial records. There were further allegations that some of the Directors of the Club breached their fiduciary duty to the company by applying club funds to their own personal interests rather than the interests of the club. I represented the Plaintiff Directors on behalf of the Club.

Litigation

Property Owner Dispute Of Existing Use Of Premises With City Council

Sep 01, 2016

OUTCOME: At first instance the court agreed with the Landlord's interpretation.

Landlord of premises that had an existing use ordinance, wished to rent the premises to other professionals such as accountants, which complied with the local zoning ordinance in a commercial or retail ... area. The City Council challenged this use, stating that the existing use term was limited to medical practices. The landlord disputed this interpretation of the existing use term in court, arguing that the terms extended to Business Premises that included other kinds of professions and trades, such as accountants. In this case I represented the Landlord.

Trusts

Breach of an Equitable Trust Agreement of Real Estate And Acquiring Trust Property Through Fraud

Dec 17, 2015

OUTCOME: The case settled at a late stage.

I represented a Guardian ad Litem and attorney of a plaintiff who claimed to be under legal incapacity, and who had a case against several other companies (one company being controlled by his brother), ... of breach of an equitable trust holding property where he was the beneficiary under the trust. It was his cases that the several companies were involved in a dishonest and fraudulent design to acquire the property; and knowingly took receipt of the trust property under a lease that was said to be fraudulent. The equitable trust arose from an agreement with the plaintiff by one of the company defendants that they would purchase the property for a corporation to be controlled by the Plaintiff. The agreement was partly oral and partly in writing in the form of two written deeds, a written declaration of trust and proposed assignment of the defendant company to the plaintiff in writing. The case involved extensive mediation. The case involved a lot of patience in extracting detailed evidence through the Guardian ad Litem particularly about the oral parts of the agreements and consideration of payment for the property. It involved extensive cross examination of 3 Psychiatrist Experts and their reports who examined the Plaintiff and gave conflicting conclusions as to whether or not the Plaintiff was a person under Legal Incapacity in the Proceedings.

Real estate

Easement By Necessity Of A Common Driveway Between Two Properties

Dec 02, 2015

OUTCOME: It was resolved that circumstances of both properties had changed over time so that the Easement was no longer by necessity or implied.

I represented the Plaintiff in this case, seeking to enforce an Easement by Necessity that their neighbor had suddenly refused access to. It involved assessing the common law precedents in this area, ... the uses of the driveway that was the Plaintiff's case to be in common use, the other features of both properties and the need of the driveway to access and use those other features. It involved examining lay witnesses on both sides, and analyzing 2 opposing experts about the quantity of value of the easement that the claimed servient tenement was burdened by from use by the dominant tenement.

Litigation

Litigation Distinguishing Structural Defects As Implied Terms In a Lease From Tenant Wear and Tear Repairs

Nov 03, 2015

OUTCOME: The matter settled to the best interests of the client.

This involved analysis of expert evidence of the value of structural defects on the property that the landlord was required to fix. I was representing the tenant and the lease covered industrial prope ... rty that included a petrol station. It involved cross examination of opposing witnesses, analyzing principals of lease and contract interpretation and construction, and extensive evidence of the state of the property. It involved distinguishing wear and tear provisions in the lease that the tenant was obligated to fix, from structural defects on the property that were the landlord's obligation, and ought to have been implied as terms in the lease.

Insurance

Enforcing A Claim For Incomplete Residential Building Construction Under An Insurance Policy

Dec 04, 2014

OUTCOME: Where the case ran for several years, the parties could no longer invest resources in the matter to resolution.

I represented a husband and wife who were owners of a 25 acre rural property. They were seeking a Kit Home to be built on a separate site and transported to their property; and then installed on their ... property. The construction of the Kit Home was sought to be insured by the husband and wife. The builder became bankrupt before the completion of the Kit Home, and this triggered an insurable event where the husband and wife could make a claim under the Policy. The Insurance Company denied the claim on the basis that the contract of the construction that was sought to be covered was between the Husband and Wife and Company of which the individual builder was the sole shareholder and director, which they claimed was not covered by the Policy; where it was the builder, as an individual, that sought the Certificate of Insurance of the works (and not his company). I argued that the builder acted as agent of his company and that his builder's license was associated with the company; and that he signed the relevant contracts on behalf of the company; amongst several other facts and pieces of evidence. It involved analysis of the agreements and contracts, as well as showing that the location on the Certificate of Insurance corresponded to the site where the construction of the Kit Home took place and the amount covered under the contract was exactly equal to the amount under the construction contract. The case involved extensive cross examination of the builder over a number of hearings and analysis of evidence. The matter ran for almost 7 years, which was too long for the parties to pursue the matter to resolution, who only had a certain amount of moneys to invest in the matter.

Contracts and agreements

Breach of Joint Venture Agreement Between Two Fashion Companies

Jul 16, 2014

OUTCOME: Settled in the best interests of the parties.

I represented the Defendant, a fashion company, in this matter where the Plaintiff's case was that there were oral agreements between the Plaintiff and the Defendant of a Joint Venture Agreement where ... the Plaintiff would supply manufactured wholesale handbags to the Defendant to sell in retail on a consignment basis. There were several representations claimed during the alleged Joint Venture agreement, that the Plaintiff claimed the Defendant was bound to, and it was misleading and deceptive conduct for the Defendant to not adhere to the oral representations. Estoppel and Unconscionable conduct were further claimed that the Defendant took a contrary position to the Joint Venture. It involved arguing a motion enforcing particulars of the Summons and Complaint, and extensive formal and informal mediation between the 2 fashion companies. The matter was ultimately settled in the best interests of both parties.

Litigation

Negligent Financial Advise

May 24, 2014

OUTCOME: The matter settled.

I represented the plaintiff against a Financial Adviser, where it was his case that he was given negligent advise about the caps of investment in a retirement fund.

Insurance

Insured Claiming Improper Cancellation Of Home Contents Policy With Allianz Insurance

Apr 03, 2014

OUTCOME: At first instance the court found for the insured that their policy had been improperly cancelled by Allianz.

I represented the insured in this lengthy matter, where the insured had their property damaged by a severe storm amounting to a significant sum of damages. They had their property insured with Allianz ... , who rejected their claim on the basis that they failed to renew their policy. The insurance company admitted that they failed to issue a Notice of Renewal, but argued that pursuant to legislation, because over one year had passed since their failure to issue a Notice of Renewal, the Policy had been cancelled under law. The insured's case was that there was other evidence that showed the Insurance Company had cancelled its policy internally without notifying the insured, earlier in time, on improper grounds and without proper investigation. This case involved analysis of extensive subpoenaed material and extensive cross examination of the claims representative and underwriter involved in the matter.

Sarah Haddad's Legal Cases (9)

Directors Of A Club Domestic Business Corporation Suing Other Directors Of The Club For Breach Of Fiduciary Duty

Property Owner Dispute Of Existing Use Of Premises With City Council

Breach of an Equitable Trust Agreement of Real Estate And Acquiring Trust Property Through Fraud

Easement By Necessity Of A Common Driveway Between Two Properties

Litigation Distinguishing Structural Defects As Implied Terms In a Lease From Tenant Wear and Tear Repairs

Enforcing A Claim For Incomplete Residential Building Construction Under An Insurance Policy

Breach of Joint Venture Agreement Between Two Fashion Companies

Negligent Financial Advise

Insured Claiming Improper Cancellation Of Home Contents Policy With Allianz Insurance