Magna Carta Law Firm > Our Legal Aid to Thais and Foreigners

MC Helps on Group Case for Waterfront buyers

July 24, 2018 – A press conference was held at Magna Carta law office, called by the buyers of the waterfront development.

A judgment has already been announced regarding the case filed by the Pattaya Provincial Prosecutor in 2012 against the 7 defendants. The Supreme Court sentenced 5 defendants and dismissed 2 defendants.

According to the Supreme Court, based on the Certificates of Utilization, covering land in the area of Bali Hi Port, four of the defendants had conducted thorough checks on the land information, however, preceded to measure the area without considering the correct boundaries. Furthermore, another defendant has covered the sea with soil and stones beyond the area of erosion that created embankment on the sea. These defendants shall be deemed guilty according to the Criminal Code. The Supreme Court also declared that the land title deed has been issued illegally to Archaland Co., Ltd. The Thai authorities now have the prerogative to get involved and to decide the way to go forward.

Pattaya City Hall has issued the demolition order of some parts of the Waterfront project as per the construction permit. This has brought about more issues on its effect on the project and, more importantly, on the buyers who have already paid money. The affected consumers are asking all related departments to seriously address this issue as soon as possible to avoid greater damages in the future. In this regard, the relevant government officials will start the procedures to revoke the affected title deeds any time soon.

The Waterfront buyers now considering filing a Class Action Lawsuit at Pattaya Provincial Court, which brings about clearer strategy and efficiency in court procedures.

MC Helps Murders Case at Khao Chi Chan, Pattaya

magna carta law firm pattaya lawyer

Monday, November 12, 2018, at the Lawyers Council of Pattaya Has held a news conference on the progress Accepting cases for helping people Murder case in Khao Chi Chan, Pattaya


There were Mr. Chalermwat Wimuktayon, Chairman of the Pattaya Lawyers Council, and CEO of Magna Carta Law Firm, Mr. Pantawat Pimsakul, Secretary-General of the Pattaya Lawyers Council, and Ms. Wilaksikulsarawut. The member of the Lawyer Council of Legal Aid Department has announced the progress of the case for the compensation from the accused Mr. Panya Yingdang (Sia Uan), along with Miss Wanpen Na Muangrak, the mother of Miss Paveena Na Muangrak, who deceased, and the media attended the press conference.

Waterfront Rehabilitation Case

REMAINING TIME TO PARTICIPATE

WATERFRONT REHABILITATION CASE

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This information was given to us by a Waterfront Buyer.

Waterfront

Waterfront, safe or bankrupt? Bali Hai Co., Ltd, the owner and developer of the condominium project called “Waterfront” Pattaya has filed a motion for rehabilitation to the Central Bankruptcy Court in Bangkok.

The Victims who are the buyers (creditors) of the Waterfront project at this time are compiling a list of all the buyers and their contact details in order to enable them to file all their claims and to present the list of the Rehabilitator (plan preparer) to the Bankruptcy Court. So, the buyers can oversee the rehabilitation process and control the future of this project. The aim is to let the actual buyers and other parties who actually suffered losses to have a say and to participate in the rehabilitation process as well as finding a way to fix all the issues. In case the buyers fail to participate and the rehabilitation process does not succeed, the Bankruptcy Court may order Bali Hai Co., Ltd. to be bankrupted.

The more the buyers are acting collectively and in unison, the more persuasive and powerful they will be during the negotiations with the project’s owner.

Waterfront

The buyers stated that “Every one of us is deemed to be part of the project as if we were the joint owners. So we have to help each other to look after our future residential accommodation as much as we can, and to not let Bali Hai Co., Ltd., the owner and developer of the project, use this rehabilitation case to cut off any of their liabilities and to avoid any responsibilities they might have with consumers, who are suffering from their mismanagement, which is currently only interested in protecting the interests of their own investors and their affiliated third parties without trying to accommodate the interests of the actual consumer. During the past 2 to 3 years, the developer has never done anything to let us see that they are really solving the problems in this project. They only seem to release statements to the media as well as letters to us buyers containing misrepresentations, indicating the issues are being fixed and making excuses – hoping that everyone believes their words.  Now it is time for using this opportunity to take action by participating ourselves in the rehabilitation process and to help fix the problems by ourselves.”

If you are one of the affected buyers in this project, please fill up the form below and we will contact you back.

Bankruptcy ACT, B.E. 2483

Section 90/61. Any Creditor who may apply for repayment of debt in the business reorganisation (rehabilitation) but fails to submit an application for repayment of debt within the time specified under section 90/26 or section 90/27 paragraph three, as the case may be, shall lose the right to receive repayment of the debt, regardles of whether the debtor’s business reorganisation will become successful as intended by the plan or not, unless:
(1) it is otherwise specified in the plan; or
(2) the Court issues an order cancelling the business reorganisation order.

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DSI Crackdown on Thai Nominee Shareholding

DSI Crackdown on Thai Nominee Shareholding
Crackdown on Thai Nominee Shareholding

The Department of Special Investigations (DSI) had a meeting about a crackdown on foreign businesses who practice Thai nominee shareholding. This crackdown is to effectively control Thai companies.

Their objectives are for the Aliens coming to the Kingdom of Thailand, to operate their businesses according to the rules and regulations.

For more information please visit : https://www.dsi.go.th/