Investigative Journalism and Learning Hub - Letter of Demand for John Gore on 10 February 2022

From:	SP52948 owner
To:	John Gore
Subject:	Letter of Demand on 10Feb2022
Date:	10/02/2022, 16:01

Good morning,

Sent without prejudice.

If you wish not to be contacted any longer, please confirm it. Your wish will be addressed promptly but will not stop other actions.

In October 2020 you were kindly approached to help with Police and NCAT investigations, which, through silence to respond, is taken as your refusal.

Through this email, the following is being requested:

a) Approval to publish, in unredacted form, and without any personal comments (to avoid any theoretical possibility of alleged defamation), any email and document that is related to you in regards to SP52948. The publishing can be in any media we prefer: newspapers, TV, online, owners in the complex, and so on. It is in public interest to know for obvious reasons.

If you want advanced notification of each publishing, that can be provided. Likewise, as asked by us many times before, any public information that you have grief with, please highlight with evidence why you object to it being published (within valid legal grounds), and your request will be addressed with care and reviewd promptly. You, like all other members of the committee and some owners, declined to do it over the last eight years and instead attempted to incur costs through unnecessary litigations that eventually failed.

b) Your help is requested for civil and criminal prosecution of Solicitor Adrian Mueller, in events you were directly notified about these financial losses:

• On 4 July 2012, owners corporation had no funds to pay $14,056.90 which was approved by strata manager Paul Banoob for creditor code 69633, so BCS Strata Management secretly ordered injection of $50,000.00 from an MBL account (several days later, at alleged committee meeting in Lot 181 unit, who was unfinancial at the time, approved engagement of Solicitor Adrian Mueller without owners corporation knowledge - that meeting was later found out to be completely illegal and to this day agenda and minutes of the meeting do not exist in strata files). On 1 August 2012, strata manager secretly changed the insurance policy for the complex and then made four claims for “legal costs”:

  $367.64 on 31 August 2012

  $12,714.65 on 7 December 2012

  $1,320.00 on 26 April 2013

  $10.517.02 on 4 June 2013

  The claims were for “legal defence of Lot 3” in CTTT case that did not exist in regards to this owner.

• Solicitor Adrian Mueller confirmed it to CTTT on 26 October 2012 after lying to CTTT at Hearing that Lot 3 was overseas and coerced the Tribunal to strike out the orders (attachment "faxcoversheet-SCS-12-32675-False-Statement-for-Order-4-Hearing-19Oct2012.pdf").

  Four years later, in March 2017, CHU Insurance forced owners corporation to repay $8,800.00, which thanks to grace of some committee members, you were made aware and we have evidence of it.

• Solicitor Mr. Adrian Mueller was engaged 14 times in period March 2012 and September 2016 without disclosure of expenses in any financial statement given to owners corporation at general meetings, Solicitor Mr. Adrian Mueller was paid by SP52948 in amount of $63,318.77 (GST included).

  Two reports by the Office of Legal Services Commissioner, dated 31 May 2013 and 13 June 2013 were not disclosed by BCS Strata Management and committee members to owners corporation.

• Due to fact that two insurers declined to quote in 2012 (one due to repetitive water-related problems which actually introduced $10,000.00 excess for each and every water-leak damage or exploratory work, and the other due to high legal risks), SP52948 was forced to pay for insurance premiums to Gallagher Australia on 21 September 2012 in amount of $84,414.77, which was 74.38% higher than in September 2011.

• Lot 158 paid alleged penalty in amount of $26,500.00 based solely on Mr. Peter Bone's Statutory declaration which was fully prepared and organized by Solicitor Adrian Mueller.

• Lot 158 paid $2,737.90 to Chambers Russell Lawyers for unnecessary case in District Court where, again, the Solicitor's defence was based on false Statutory Declaration by Mr. Peter Bone and false statements by Mr Peter Bone in his Affidavit.

• $851.56 was secretly spent on courier expenses for sending handful of files by Solicitor Adrian Mueller to CTTT on 19 April 2013.

• 1. Solicitor Adrian Mueller was not approved at any legally-convened meeting, so whether committee members were were properly appointed is IRRELEVANT (they do add to the complexity if the issue, though).

  To this day, for eight years, no owner had viewed or received copy of any Solicitor's Standard Costs Agreement.

• 2. Enclosed herewith are FOUR versions of Adrian Mueller's Standard Costs Agreement with dates:

  Attachment "Adrian-Mueller-Standard-Costs-Agreement-without-signature-by-strata-manager-in-insurance-claim-for-his-costs-on-10Aug2012.pdf" clearly shows that QBE Insurance received claim for legal costs of Solicitor Adrian Mueller dated 10 August 2012. In that claim, Solicitor's Standard Costs Agreement DID NOT HAVE ANY SIGNATURE ON BEHALF OF OWNERS CORPORATION.

  Attachment "Adrian-Mueller-Standard-Costs-Agreement-without-signature-by-strata-manager-provided-to-CTTT-on-29Jan2013.pdf" was a Standard Costs Agreement that Solicitor Adrian Mueller himself sent to CTTT on 29 January 2013, which DID NOT HAVE ANY SIGNATURE ON BEHALF OF OWNERS CORPORATION.

  Attachment "Adrian-Mueller-Standard-Costs-Agreement-signed-by-strata-manager-on-17Jul2012-and-kept-secret-from-CTTT.pdf" was created on Tuesday 16 April 2013 at 09:08 hours and HAD SIGNATURE ON BEHALF OF OWNERS CORPORATION but that document was hidden from CTTT, District Court, and Police. It was created one day after CTTT made order for Solicitor Adrian Mueller to produce evidence that he was legally approved to represent owners corporation for CTTT case 212/32675 in period August to October 2012.

  Attachment "Adrian-Mueller-Standard-Costs-Agreement-signed-by-strata-manager-on-25Jul2012-and-provided-to-CTTT-nine-months-later-on-19Apr2013.pdf" was submitted by Solicitor Adrian Mueller to CTTT on 19 April 2013 and HAD SIGNATURE ON BEHALF OF OWNERS CORPORATION allegedly dated 25 July 2012.

• 3. Attachment "SP52948-Solicitor-Adrian-Mueller-Giving-Secret-Advice-to-Bruce-Copland-and-BCS-Strata-Managament-Provide-Signed-Contract-Under-Pressure-After-CTTT-Hearing-15Apr2013.png" is a secret email from Solicitor Adrian Mueller asking for urgent committee meeting and confirmation that his contract was signed on 25 July 2012.

• 4. Solicitor made belated claim to CTTT that he had received email with signed Standard Costs Agreement on 25 July 2012 by Mr. Gary Webb and that it was sent by strata manager Mr. Gary Webb. Strata manager Peter Bone was not strata manager for SP52948 until committee meeting on 22 August 2012 (evidence in attachment "SP52948-EC-Minutes-22Aug2012.pdf").

  Solicitor Adrian Mueller made the following statement to CTTT on 19 April 2013 - attachment "Letter-to-TribunalCommission-by-courier-19Apr2013.pdf":

  On 25 July 2012 the then strata manager of the owners corporation, Gary Webb, signed the lawyer’s costs agreement on behalf of the owners corporation and the signed costs agreement was emailed to the lawyer by the strata manager on that day.

  In Statutory Declaration to CTTT (fully and solely prepared by Solicitor Adrian Mueller - evidence is in his invoice he charged SP52948 for), in attachment "Peter-Bone -SD-declaration-19Apr2013.pdf", it said:

  On 25 July 2012 I emailed to Adrian Mueller a copy of the Standard Costs Agreement signed by Gary Webb.

  Layman can find this to satisfy "on the balance of probabilities" and "beyond reasonable doubt" legal requirements for prosecution (statements were plainly and deliberately false.

• 5. Attachment "SP52948-CHU-and-Strata-Manager-high-risk-insurance-claim-for-legal-costs-1Aug2012.pdf" shows evidence of secret insurance policy change and that SP52948 did not have any solicitor engaged at the time, in other words, insurers were asked to help FIND the STRATA SOLICTOR.

  Even without going through other files, and we have so much, the fact is Solicitor Adrian Mueller secretly worked with strata manager to falsify data for his own Standard Costs Agreement and backdated it to 25 July 2012.

  False statements are a very serious offense in their own right. Deliberate lying in a Statutory Declaration is punishable by up to five years in prison, according to the NSW Oaths Act. Former judge Marcus Einfeld served two years in prison for knowingly making a false statement under oath and for attempting to pervert the course of justice. The case stemmed from the improbable catalyst of a false statutory declaration over a $77.00 speeding fine.

• 6. Attachment "SP52948-Chairperson-confirming-Solicitor-Adrian-Mueller-not-engaged-for-CTTT-12-50460-2Sep2013.png" dated 2 September 2013 shows secret email confirming that Solicitor Adrian Mueller was NOT ENGAGED in CTTT case SCS 12/50460, in spite of Solicitor making costs and falsely claiming to Fair Trading NSW and CTTT that he was (all evidence is in our possession).

  Attachment "CTTT-SCS-12-50460-DFT-mediation-Solicitor-involvement-6Mar2013.pdf" shows evidence that Solicitor Adrian Mueller made claim to Fair Trading NSW that he was legally representing SP52948 in precursor to SCS 12/50460 (mediation attempt) on 7 March 2013.

  Attachment "SP52948-CTTT-SCS-12-50460-Non-compliance-order-for-Secretary-and-Solicitor-7May2013.pdf" contains evidence that CTTT was coerced into believing that Solicitor Adrian Mueller was acting on behalf of SP52948.

  Solicitor Adrian Mueller was aware of SCS 12/50460 as early as 19 October 2012 (evidence is in our possession).

• 7. At CTTT Hearing in case SCS 12/32675 on 15 April 2013, Solicitor Mr. Adrian Mueller said words to the effect of (transcribed by me from the third CD-ROM at around 12th minute of the audio recording at that Hearing - all audio recordings in case SCS 12/32675 are in our possession):

  What I wish to do is... continue with the Hearing today on proviso that I am able to tender some evidence on this issue. Evidence which I’ve only discovered… having perused my file in the last five minutes. Material… There’s two documents: first is a letter from me to the owners corporation dated the 2 nd of July 2012 in which I did an estimate of my costs to act in owners corporation’s appeal. Second document is email from the Strata Manager to me on the 6 th of August 2012 returning the signed copy of my costs agreement… and the costs agreement… signed by the strata manager on behalf of the owners corporation…. And… I apply…to leave.. tender of these documents today on the basis that I’ve only been informed of the challenge…

  Your response is eagerly awaited.

  The evidence that we have is irrefutable. and there is so much more in our possession.