Audience is anyone who might be interested in problems with strata schemes in NSW...
This website does not have any desire or intent to add own comments and therefore it is up to anybody to make up their own conclusions based on evidence and statements by others who did it in public forums, in courts, or elsewhere.
Public is voicing strong concerns about problems with Tribunals. Issues with strata complexes and dubious quality of services provided by those who should enforce laws are common and frequent.
Solicitor Adrian Mueller created dangerous precedence in two CTTT/NCAT cases (SCS 12/32675 and SC 20/33352) which, based on Australian legal system, allow other parties to use as valid defence (legal precedents). CTTT/NCAT fully co-operated with the Solicitor and effectively rendered NSW strata laws useless, and even allowed Solicitor's representation of large strata plan SP52948 without having any evidence of being approved by owners corporation (in fact, Solicitor was not approved at any legally-convened meeting).
The NCAT Act 2013 Section 45 (1) (b) (i) Representation of Parties states:
"A party to proceedings in the Tribunal may be represented by another person only if the Tribunal grants leave for that person to represent the party.”
In NSW, the Criminal Procedure Act 1986, Section 37 (2) Conduct of Case states:
The accused person’s case may be conducted by the accused person or by the accused person’s Australian legal practitioner or any other person permitted to appear for the accused person (whether under this or any other Act).
CTTT/NCAT actively supported Solicitor Adrian Mueller’s predictive behaviour, contempt of court, falsified documents, and insurance claims in two cases in 2012/2013 (SCS 12/32675 and SCS 12/50460, conducted by Tribunal member M. Harrowell) and 2020/2021 (SC 20/33352, conducted by Tribunal member G.J. Sarginson). The precedence means that all evidence of the Applicant can be ignored if the Respondent fails to attend Hearings.
Tribunal had full knowledge of the Applicant's submissions about Solicitor Adrian Mueller, including ones dated 8, 27 February 2022, and 22 June 2022, which they completely ignored:
SP52948-Lot-158-cost-submission-reply-ignored-by-Solicitor-Adrian-Mueller-in-Supreme-Court-27Feb2022
Direct involvement by Solicitor Adrian Mueller:
Coerced Tribunal he was legal representative of strata plan SP52948 (Respondent) without offering evidence of valid procedure for his Standard Costs Agreement or legally-compliant meetings of Respondent,
Suggested to Respondent use of insurance claims for his legal costs two times,
Sent secret defamation threats to Applicant (SP52948 owner) before two Tribunal Hearings as an attempt of intimidation and deterrent,
Prevented Applicant’s Motions for Annual General Meetings,
Had direct knowledge of Applicant being denied access to strata documents, in spite of paid document searches and evidence of being legal member of the committee,
Did not comply with Tribunal orders at Directions Hearings to submit evidence of behalf of Respondent (Solicitor Adrian Mueller failed to comply with Tribunal orders six times whilst not authorised to represent owners corporation in period 2012 to 2021),
Accessory to four falsified versions of Standard Costs Agreement in CTTT case SCS 12/32675,
Prevented Respondent (committee members, and strata managers from BCS Strata Management and Waratah Strata Management) from attending Hearings in SCS 12/32675 and SC 20/33352, and coerced Tribunal to ignore Applicant’s evidence due to Respondent’s absence,
Actively supported threats (even death threats) to Applicant, without taking actions to prevent such behaviour,
Brought no evidence at Hearings whilst denying/refuting Applicant’s statements without offering any files to counter their claims,
Co-operated with Respondent to submit false insurance claims for his legal costs (four claims) in CTTT SCS 12/32675 in GST exclusive amount of $24,919.31 in 2012/2013 and undisclosed insurance claim in NCAT case SC 20/33352 in GST exclusive amount of $19,758.14 in March 2022,
Directly responsible for preparing falsified evidence in Statutory Declaration for CTTT on behalf of BCS Strata Management Peter Bone on 19 April 2013, and had full knowledge of false statements by Peter Bone in Affidavit to District Court case 2013/360456 on 31 January 2014, and not providing any evidence in Affidavit by Solicitor’s receptionist for case SC 20/33352 dated 8 February 2022,
Had full knowledge of non-compliant general and ordinary meetings of SP52948,
Coerced Tribunal to enforce costs recovery from Applicant without approval of SP52948 at any legally-convened meeting, whilst being accessory to insurance claims as back-up option for his legal costs,
Attempted to justify non-compliant committee meetings dated 8 July 2012, 19 April 2013 (scheduled for 26 March 2013 and brought forward as time-warped event), and all committee meetings in 1018, 2019, 2020, 2021, and 2022 (CTTT dismissed Solicitor’s claims and declared meetings 8 July 2012 and 19 April 2013 ineffective in their decision in SCS 12/32675 on 6 November 2013),
Prevented Police, CTTT/NCAT, Fair Trading NSW, Office of Legal Services Commissioner, District Court, and Supreme Court from access to Respondent’s files and his alleged correspondence with Respondent.
Failed to refute any claims made by an owner in Affidavit at District Court in case 13/360456 and coerced the Judge to ignore owner's evidence:
District-Court-case-13-360456-Lot-158-Affidavit-ignored-by-Solicitor-Adrian-Mueller-4Feb2014.pdf
Failed to refute any claims made by an owner in Statutory Declaration for NCAT case SC 20/33352 and coerced Tribunal to ignore owner's evidence:
CTTT/NCAT refused to issue summonses to BCS Strata Management and committee members in case CTTT SCS 12/32675 in spite of overwhelming evidence of fraud:
More detailed information about SCS 12/32675 and SC 20/33352:
NSW-Civil-Tribunal-actions-rendered-strata-laws-void-and-useless
Some of numerous internet references...
Royal commission into the administration of civil law in NSW:
we-want-royal-commission-into-the-administration-of-civil-law-in-nsw
Member of Parliament Hon Alex Greenwich submitted Private Member's Statement on 4 June 2019, Legislative Assembly, NSW Parliament published on internet:
Public members who complained about Mr. Sarginson. Examples of available comments on internet (we wonder how many there are which are not disclosed to public):
https://mapsus.net/AU/ncat-tamworth-242681
It said:
The most corrupt power abusers of illegal acts..especially Mr Sarginson from parramatta.his bosses cover up his illegal acts.
It said:
Ncats tribunal is the most corrupt power abusers you've ever seen..i have proof..now ncats took away all their email addresses so you can't have proof of all dialogue and they can lie and say as they please and make corruption and power abusers like Mr sarginsons life easier..them taking away their email address because of the illegal actions of Mr Sarginson shows how they do as they please..this abuse of power,corruption has to stop.
President of the Law Society of New South Wales in relation to New South Wales Civil and Administrative Tribunal (NCAT) in April 2018: tribunals have a bad reputation for lacking transparency, accountability and independence. And that the best way to address that problem would be to ensure that tribunal appointments are merit-based, open to scrutiny and independent of government social engineering programs:
NSW Civil and Administrative Tribunal [NCAT] — Corrupt government officials - October 2020:
nsw-civil-and-administrative-tribunal-ncat-corrupt-government-officials-c839011
... with updates in 2022:
Flat-chat: Unhappy customers pushing for royal commission investigations of strata agencies:
royal-commission-into-strata-agents-companies
Facebook posts: "Things NCAT tribunal members say, hmmm":
Flat-chat posts - "NCAT: New name, same clowns":
https://www.flat-chat.com.au/topic/ncat-new-name-same-clowns/
Flat-chat posts - "What’s the point of NCAT orders if they are just ignored?":
https://www.flatchat.com.au/topic/ncat-orders-2/
Time Fair Trading and NCAT were sin-binned:
Corruption in Tribunals:
Corruption in NSW Tribunal:
NCAT WINNER – Corruption Award – Government
Michael West Media Independent Journalists news on 14 September 2023:
Lawyers’ Picnic: NCAT fails to protect whistleblower in case against NSW Health
Strata loophole leaves owners vulnerable even when NCAT is supposed to be on their side:
strata-loophole-leaves-owners-vulnerable-even-when-ncat-is-supposed-to-be-on-their-side-802021
Poor 1.7 rating of NCAT in Google reviews as of late April 2023:
www.google.com/maps/place/NCAT+Consumer+and+Commercial+Division
Poor 1.9 rating of NCAT at nicelocal.com.au website as of late October 2022:
nicelocal.com.au/new-south-wales/public_services/ncat_consumer_and_commercial_division/reviews
Submission to the NCAT statutory review by Tracy Leigh:
civil-and-administrative-tribunal-act-2013-statutory-review-ncat-submission-leightracey
Rate the NCAT at nswfreedomofinformation.net forum:
Complaint about NCAT Tribunal member at AussieLegal in 2015/2016:
Published comments at LawAnswers on 2 August 2018:
privacy-in-tribunal-document-submissions-is-swearing-totally-frowned-upon
Review on PissedConsumer web site in 2017:
https://www.pissedconsumer.com/nsw-civil-and-administrative-tribunal/RT-F.html#reviews
Reviews on Safety in Strata web site in 2023:
NCAT refused to summons evidence central to Hearing:
https://www.aptagie.com.au/summons
NCAT sucks:
https://www.justinian.com.au/bloggers/ncat-sucks.html
Killers in our Midst. NCAT:
https://weblightstudio.com.au/newblog/?p=4697
NCAT problems when defendant does not file a defence:
https://www.reddit.com/r/auslaw/comments/269c61/could_a_nsw_colleague_please_help_explain_what/
Poor 1.7 rating of NCAT Liverpool as of late April 2023:
https://au.oceaniabiz.com/new-south-wales/nsw-civil-and-administrative-tribunal-427076
Nobody to escalate problem to about NCAT's poor services:
https://www.lawanswers.com.au/threads/who-to-escalate-complaint-about-ncat.23669/
Public members who complain about Mr. Sarginson. Three examples of available comments on internet (we wonder how many there are which are not disclosed to public):
https://mapsus.net/AU/ncat-tamworth-242681
It said:
The most corrupt power abusers of illegal acts..especially Mr Sarginson from parramatta.his bosses cover up his illegal acts.
Second complaint:
It said:
Ncats tribunal is the most corrupt power abusers you've ever seen..i have proof..now ncats took away all their email addresses so you can't have proof of all dialogue and they can lie and say as they please and make corruption and power abusers like Mr sarginsons life easier..them taking away their email address because of the illegal actions of Mr Sarginson shows how they do as they please..this abuse of power,corruption has to stop.
And third complaint:
Tribunal member Sarginson is well aware of errors of law when evidence is ignored by the Tribunal, as listed in Ashlin-v-The-Owners-Strata-Plan-No-50705-2021-NSWCATAP-413-21-December-2021 where he said:
The above directly contradicts his own errors of law in NCAT case SC 20/33352 he conducted where he ignored evidence because the Respondent failed to show up at the Hearing in spite of four-month advance notice:
