Anticorruptionnz's Blog

21/11/2010

What are the ethics of Keegan Alexander law firm?

Filed under: Uncategorized — anticorruptionnz @ 3:03 pm

I have just returned from a certified fraud examiners conference in Melbourne, one of the topics was that of ethics another very interesting one was on the foreign corrupt practices Act.

Both of these are issues which relate to the dealings I have had with an American national Terry Hay who has been charged with offences and  sought refuge in  Honolulu.

The FPCA does not only implicate him it also   implicates the director of PACIFIC RIM INVESTMENTS LIMITED William Donald DRAKE 43-006 Nana Place, Honolulu. We will be making a complaint under the provisions of that act and will keep you posted as to the outcome.

Basically it all comes down to ethics.. The ethics or lack of, of one person, when condoned by management of a company ,reflects the ethical values of the  whole company and  when a company’s  standards are condoned by organisations they are members of  it also reflects on the entire organisation .

It is therefore a very good ethical bench mark to look at companies and organisations  in terms   of what conduct is condoned.

This is a picture of Peter Spring LL.B his associated partners at Keegan Alexander are

Keegan Alexander is a member of the world wide MSI global alliance . MSI does not appear to have a code of conduct which embraces ethical values outside their organisation  but will be sure to raise that with them  when we bring this matter to their attention.

Background

For the past four years peter spring has pursued me through he courts on behalf of his client Terry Hay on a number of claims. The purpose of these claims were initially to remove me from   attempting to prove that a liquidator a director were fictitious.

The circumstances were that Hay was the  owner of a company fresh prepared Limited which  he had placed Lynne Pryor  in control of  as director and shareholder

The company took legal action against a former director Steven DE JONG

The court action  is reported in the following judgements

[1]  FRESH PREPARED LIMITED V STEVEN DE JONG AND ANOR HC AK CIV 2004-404-1264 20 February 2006

[2]  FRESH PREPARED LIMITED V STEVEN DE JONG AND ANOR HC AK CIV 2004-404-001264 13 April 2006

[3]  FRESH PREPARED LTD V DE JONG & ANOR HC AK CIV-2004-404-1264 15 May 2006

[4]  FRESH PREPARED LTD V DE JONG HC AK CIV-2004-404-1264 9 June 2006

[5]  FRESH PREPARED LTD V DE JONG AND ANOR HC AK CIV-2004-404-1264 16 August 2006

[6]  DE JONG V FRESH PREPARED LTD HC AK CIV 2006-404-5306 3 November 2006

Perhaps the most  significant of these is  [5]  where on page 2 the judge states “in my provisional view this is one of those unusual cases where the successful party should not be awarded costs, and that they should lie where they fall.”

His  honour also refers to   The unnecessary use of interlocutory procedures, and the  failure to properly assess the true value of its claim well before trial. Stating that a realistic appraisal would have shown that this litigation was an uneconomic exercise for all parties; at the very least it should have been pursued on a restricted basis in the District Court.
He states at point 3
[4] This proceeding was issued in March 2004 and has seen an extraordinary amount of interlocutory activity, predominantly of FPL’s making, which would have been avoided if the company had undertaken an early evaluation of the arguable legal issues and its prospects of success.FPL has apparently pursued a scorched earth policy, forcing all parties to incur legal costs on interlocutories far in excess of what, by any objective measure, was the very modest amount of its claim, which was well within the District Court’s jurisdiction. It was not until the company instructed Messrs Clayton Luke and Richard Harrison less than one month before trial that its case was properly formulated. I shall return to this subject when discussing costs.

Fresh prepared Limited  ( FPL) then   failed to pay the  lawyers  who had represented them  in the final proceedings ( they took over from SPRING)

Liquidation proceedings were commenced and the   company was sold  by Lynne Pryor to Sanjay Patel  who  on the eve of the   liquidation proceedings  placed the company in  voluntary liquidation with Bahubhai Patel

I was asked to locate the locate a director and  liquidator Pacific flight catering blog for  full details

Neither the liquidator nor director existed   both having been fabricated .see Charges over alleged fake liquidator and Boss invents accountant to escape $60k debt

During this time  Terry Hay  saw it fit to  harass  me by placing advertisements in a Chinese newspaper mandarin times and  joined himself in  harassment proceedings   which had been initiated by Lynne Pryor against me.

The claim of harassment came  when I tried to contact Sanjay Patel  and  did the  usual  of phoning the company and calling on   his residential address and continually finding Lynne Pryor there and discovering that She had the same Po box number as  the liquidator.

The interesting thing was that I had never met, spoken to or investigated Hay  yet  Peter Spring LL.B laid a charge of harassment against  me on behalf  of Hay and Pryor and secured a restraining order  on fiction.

When   the ministry of economic developments investigated , Hay and Pryor were charged . Hay skipped the country and took up residence in his native USA.

Pryor pleaded guilty to fraudulently running a business but not before taking further action against me for alleged contempt of court.

Not only  did they take  me through district court but also  through  to the high court  despite the  court stating that  it did not believe that there was a contempt.  This is reflected in the  judgement PRIOR AND ANOR V HADEN HC AK CIV-2008-404-008134 20 May 2009

“The Judge went on to express cautionary views as to whether the undertaking the contempt proceedings relied on was still in force at the time of the alleged breach and raised whether the District Court had jurisdiction to make a finding of civil contempt. He invited counsel to consider the matter further.

Despite the  opinions of  judges  Spring continued to pursue me through the court  causing  great stress to me and my family contributing to the end  of my 24 year marriage.

Spring had obligations under the lawyers and conveyancers act but  never ensured that the facts were there to substantiate the claims made .

I made a complaint to the law society   based on the conduct of Spring in my case and   the observations made by judges in the previous reported matters  which reflected the same  excessive use of interlocutory measures and scorched earth approach .

My complaint to the law society they have never investigated.    They simply wrote to me and told me that I had other redress available to me.  Strangely enough that letter was not received by me until after the appeal period.

I have since then asked Spring as to what was happening with the current proceedings, where I won the interlocutory at the high court and they now have to  provide discovery to progress the  case.

So far the proceedings have cost me  $49,000  in  court action and I sought to have this sum recovered and I wrote to him. Spring carefully twisted my letter   to be an allegation against his company  but  most importantly stated  on 2 November 2010

As to the court proceedings itself, we are not in receipt of instructions in relation to the same from our clients at present

I replied and  asked him  to  contact  his clients with regards to the proceedings  and on the 4th November I received this reply

“We cannot put the same before them as we are no longer acting for them in this matter and have not for some time.”

I can only assume that two days is a long time in law . But to me  it  shows a certain lack of integrity  ethics  and  accountability to the truth , had the clients  ceased being clients  would he not have said so   two days earlier  and ist it a proper procedure to withdraw  from the case in court?

I don’t  know   what others think but in my opinion  it  is dirty pool  and  any one  being a partner  of Keegan Alexander who support this  are all  tarred with the same brush.

I just hope that the multinational organisation  which Keegan Alexander are associated with  do have a policy for ethics .

I  will forward this post to MSI global alliance and see what their  view is on lawyers supporting corrupt practices and taking court action  to  help conceal corruption   and then   coming up with mind challenging statements  as to  their involvement with clients.

Will keep you posted.

In the mean time I am contacting all those who have  had the misfortune to have had Peter Spring on the opposition team in court, I have already met with a few of you  please  do  let me know who you are and we can work together to ensure that Lawyers are accountable to the code of conduct.

Grace Haden   grace@verisure.co.nz

Further related posts are at

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