Court orders sale of Bargara home
A COURT has ordered the sale of a Bargara home, with court documents showing a lengthy legal battle between a Bundaberg law firm and former client.
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A COURT has ordered the sale of a Bargara home, with court documents showing a lengthy legal battle between a Bundaberg law firm and former client.
A warrant for the seizure of 45 Croft St and sale by auction next month has been ordered, with the home to be open for viewing on Thursday.
It names Client Care Solicitors lawyer Peter Zufic as creditor and Marina Mukhacheva as debtor and landowner.
Supreme Court documents show Mr Zufic and Ms Mukhacheva (previously known as Marina Eyears) have spent more than a decade in court over professional fees owed to Mr Zufic. In July 2007 Mr Zufic started legal proceedings to recover an outstanding bill of $235,162.72, amended to $198,929.25 in March 2009.
In September 2010 Ms Eyears served an amended notice of dispute "essentially arguing the respondent was incompetent and the work had been done negligently".
On July 4, 2011 a court costs assessment registrar put the outstanding balance at $126,881.27 and in August that year Ms Eyears was ordered to pay that sum to Mr Zufic.
In 2012 Ms Eyears filed a counter-claim alleging gross negligence and claimed damages in excess of $1.2 million.
Two years later with the bill unpaid, the matter was transferred to the Magistrates Court for debt recovery proceedings.
At the end of 2014 the appeal was heard in the District Court with the judge stating "I am satisfied that the defendant has no real prospect of defending the claim in respect of the sun of $126,881.27 and ... there is no need for a trial".
In November 2015 Ms Eyears appealed the finding, but that was refused.
The home is valued at $312,000 to $360,000 and Ms Mukhacheva is listed as the owner on RP Data. It will be put up for auction on October 4 unless resolved sooner.